DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
WASHINGTON DC
ANNEX
20370-5100
ELP
Docket No. 5531-00
8 February 2002
From:
To:
Subj
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
OF
(a) 10 U.S.C.1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's Naval Record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Marine Corps, applied to this
Board requesting, in effect,
to show a more favorable type of discharge than the general
discharge issued on 2 December 1962.
that his naval record be corrected
The Board, consisting of Messrs.
2.
Ivins, reviewed Petitioner's allegations of error and injustice
on 6 February 2002 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on
the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
Leeman, Rothlein, and
Documentary material
The Board, having reviewed all the facts of record
3.
pertaining to Petitioner's allegations of error and injustice
finds as follows:
a.
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b.
Although it appears that Petitioner's application to
the Board was not filed in a timely manner, it is in the
interest of justice to waive the statute of limitations and
review the application on its merits.
C .
Petitioner enlisted in the Marine Corps on 3 December
At the time of his enlistment,
1954 for three years at age 17.
he had completed eight years of formal education.
reflects that he served without any disciplinary infractions,
and was honorably released from
was advanced to CPL (E-41,
active duty on 2 December 1957 and transferred to the Marine
Corps Reserve.
the Good Conduct Medal.
discharge upon completion of his military obligation on
2 December 1962.
However, he received a general
He was recommended for reenlistment and awarded
The record
d.
Character of service is based, in part, on conduct and
The record reflects final conduct
proficiency averages which are computed from marks assigned
during periodic evaluations.
These
and proficiency averages of 3.8 and 3.5, respectfully.
averages were recorded on 2 December 1962 when he completed his
military obligation.
conduct average was 3.8 and his proficiency average was 4.1 vice
A minimum average mark of 4.0 in conduct was required for
3.5.
a fully honorable characterization of service at the time of
discharge.
A recomputation of his marks show his
his
CONCLUSION:
the
In this regard, the Board notes Petitioner's youth,
unblemished disciplinary record, and
Although there was a computation error, his
Upon review and consideration of all the evidence of record,
Board concludes that Petitioner's request warrants favorable
action.
limited, education,
promotion to CPL.
conduct average warranted the issuance of a general discharge
upon completion of his military obligation.
could find no basis for the low marks assigned during Peti-
tioner's enlistment, especially when they did not appear to be
consistent with an individual who was never disciplined during
his enlistment and promoted to CPL seven months prior to his
release from active duty,
Accordingly,' the Board concludes that it would be appropriate
and just to recharacterize his general discharge to an honorable
discharge.
and was recommended for reenlistment.
However, the Board
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by changing
the record to show that he was issued an honorable discharge on
2 December 1962 vice the general discharge actually issued on
2
that date.
Discharge Certificate.
This should include the issuance of an Honorable
b.
That this Report of Proceedings be filed in
Petitioner's naval record
It is certified that a quorum was present at the Board's
4.
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMITH
Acting Recorder
Pursuant to the delegation of authority set out in Section 6
5.
(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 authority of reference (a),
Board on behalf of the Secretary of the Navy.
has been approved by the
W. DEAN P
Executive D
3
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