DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 714-01
13 April 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD OF
(a) 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
filed enclosure (1) with this
that his naval record be corrected
Additionally, he requests that
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy,
Board requesting, in effect,
to show a more favorable type of discharge than the general
discharge issued on 22 May 1999.
item 15a on his Report of Separation (DD Form 214) be corrected
to show that he contributed to the Veterans' Educational
Assistance Program (VEAP).
2. The Board, consisting of Messrs. Pfeiffer,
Mackey, and
Neuschafer, reviewed Petitioner's allegations of error and
injustice on 11 April 2001 and,
determined that the corrective action indicated below should be
Documentary material
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all'the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows:
pursuant to its regulations,
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Navy on 23 May 1995 at age 20.
At that time he enrolled in the Montgomery GI Bill (MGIB).
d. The record reflects that Petitioner received two
The offenses included an unspecified
nonjudicial punishments.
violation of Article 86 of the Uniform Code of Military Justice
and use of a controlled substance.
On 22 May 1999 Petitioner
received a general discharge by reason of expiration of term of
service.
e. In accordance with Defense Department policy, character of
service is based on one's individual overall traits average,
which are computed from marks assigned during periodic
Taking all of his marks into account, Petitioner's
evaluations.
individual overall trait average was 3.0.
required for a fully honorable characterization of service at the
time of Petitioner's separation was 2.0 in individual overall
trait average.
A minimum average mark
f. Petitioner states that he enrolled in the MGIB. Block 15a
llnotl.
on the DD Form 214 pertains to VEAP and should be checked
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
In this regard, the Board concludes that his general
relief.
discharge should be recharacterized to honorable based on his
individual overall trait average.
Although Petitioner has requested that block 15a on his DD Form
"yes", it is obvious that he was not enrolled
214 be changed to
Therefore, the Board
in VEAP and the block should remain
concludes that this request should be denied.
In view of the foregoing,
injustice warranting the following corrective action.
RECOMMENDATION:
the Board finds the existence of an
"no".
a. That Petitioner's naval record be corrected to show that he
was issued an honorable discharge by reason of expiration of term
of service on 22 May 1999 vice the general discharge actually
issued on that date.
b. That no further relief be granted.
C . That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
d. That, upon request, the Veterans Administration be informed
that Petitioner's application was received by the Board on 29
January 2001.
2
4. It is certified that a quorum was present at the Board's
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
gg
/
.
Acting Recorder
ROBERT D. ZSALMAN
Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
Executive
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