DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 7301-01
16 May 2002
Chairman,
Secretary of the Navy
Board for Correction of Naval Records
From:
To:
Subj:
Ref:
(a) 10 U.S.C.1552
Encl:
(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,
show a more favorable type of discharge than the general
discharge issued on 4 March 1955.
that his naval record be corrected to
The Board,
consisting of Messrs. Taylor, Geisler, and
2.
Mackey, reviewed Petitioner's allegations of error and injustice
on 15 May 2002 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
by the Board consisted of the enclosures, naval records, and
applicable statutes,
Documentary material considered
regulations and policies.
The Board,
3.
pertaining to Petitioner's allegations of error and injustice
finds as follows:
having reviewed all the facts of record
.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 Corp on 25 May 1954
At that time,
he had completed only
for four years at age 17.
eight years of formal education.
d.
Petitioner served without incident until 30 November
1954 when he received nonjudicial punishment (NJP) for about a
nine hour period of unauthorized absence
(UA).
e.
On 29 December 1954 Petitioner was admitted to a
naval-
hospital with a provisional diagnosis of meningococcemia, which
was changed to bronchopneumonia on 3 January 1955.
recovered he was referred to the neuopsychiatric service for
medical discharge due to enuresis.
Petitioner's stay in the hospital he continued to wet the bed
nocturnally, was tense,
motivation for military duty.
immature and anxious, and had no
It was noted that during
When he
f.
On 15 February 1955 Petitioner received a second NJP
for a five hour period of UA.
g.
On 21 February 1955,
a medical board of survey found
Petitioner unfit for duty by reason of immaturity with
symptomatic habit reaction (enuresis) and recommended discharge.
Petitioner was advised of the board's findings and declined to
submit a statement in his own behalf.
h.
On 4 March 1955,
Petitioner received a general
discharge by reason of convenience of the government due to
medical board of survey.
a mark of 3.8 in conduct.
On this date,
Petitioner was assigned
i.
Character of service is based, in part, on conduct and
proficiency averages which are computed from marks assigned
during periodic evaluations.
proficiency averages were 3.9 and 4.8, respectively.
average mark of 4.0 in conduct was required for a fully
honorable characterization of service at the time of his
discharge.
Petitioner's final conduct and
A minimum
2
CONCLUSION:
and notes that the two disciplinary actions
Although a minimum of mark of 4.0 was required for a
The Board is influenced by his youth and immaturity,
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
limited education,
during his short period of service were for relatively minor
offenses.
fully honorable discharge,
in conduct awarded on the date of discharge was arbitrarily
assigned to preclude him from receiving a fully honorable
characterization.
alsozcontributing factor for the low mark in conduct.
clear that to continue to stigmatize his service as under
honorable conditions serves no useful purpose and that it would
be appropriate and just to recharacterize his discharge to fully
honorable.
The Board also believes that his neuresis was
It is
the Board believes that the low mark
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by
showing that he was issued an honorable discharge by reason of
convenience of the government-medical board of survey on
4 March 1955 vice the general discharge actually issued on that
date.
This should include the issuance of a new DD Form 214.
b.
,
Petitioner's naval record.
That this Report of Proceedings be filed in
C .
That, upon request,
the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 19 September 2001.
4.
It is certified that a quorum was present at the
and that the foregoing is a
Board's review and deliberations,
true and complete record of the Board's proceedings in the above
entitled matter.
ROBERT D. ZSALMAN
Recorder
Pursuant to the delegation of authority set out in Section 6
5.
(e) of the revised Procedures of the Board for Correction of
3
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
Frl
DEAN PFEIFFER
i-7.
Executive Director
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