DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8378-02
31 December 2002
From: Chairman, Board for Correction of Naval Records
To:
Subj: REVIEW OF NAVAL RECORD 0
Secretary of the Navy
Ref:
(a) 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting that his naval record be corrected by
changing the general discharge, reason for discharge, and the
RE-3C reenlistment code issued on 27 October 1987.
2. The Board, consisting of Messrs. Pfeiffer,
reviewed Petitioner's allegations of error and injustice on 11
December 2002 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered by
Novello, and Dunne,
3. The Board, having reviewed all the facts of record 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 enclosure (1) was not filed in
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 23 July 1981.
d. Petitioner's record reflects that he was convicted by a
general court-martial (GCM) of conspiracy to possess marijuana
with intent to distribute, possession of drug parapharnalia, and
possession of marijuana with intent to distribute.
Petitioner
pled guilty to all charges.
The sentence imposed consisted of
confinement at hard labor for three and one-half years, total
forfeitures, a reduction in rank from lance corporal (LCPL;E-3)
to private
(PVT;E-l), and a bad conduct discharge.
e. On 8 April 1987 the findings and sentence of the GCM were
A rehearing was
However, on 16 September 1987 the GCM convening
set aside by the Court of Military Appeals.
authorized.
authority dismissed the charges and directed restoration of all
rights privileges and property of which he had been deprived by
the court-martial sentence.
to rank of LCPL.
Accordingly, Petitioner was restored
f. On 27 October 1987 Petitioner received a general discharge
by reason of expiration of term of service.
Petitioner was assigned a reenlistment code of RE-3C.
At that time,
g. When an individual is separated due to expiration of
both of which are computed from marks
enlistment, character of service is based on one's conduct and
proficiency averages,
assigned during periodic evaluations.
proficiency averages were 3.7 and 4.0, respectively.
average conduct mark of 4.0 was required for a fully honorable
characterization of service at the time of separation.
the conduct average includes a mark of
reduction in rank from LCPL to PVT.
the conduct average would have been 4.2.
Petitioner's conduct and
A minimum
However,
'10" given upon the initial
Without the mark of zero,
h. Applicable directives authorize the assignment of an RE-3C
reenlistment code to an individual discharged due to expiration
of term of service.
CONCLUSION:
In this regard, the Board concludes that his general
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
relief.
discharge should be recharacterized to honorable.
regard, the Board notes that about the conduct mark of
assigned upon Petitioner's reduction in rank, his average would
Since that reduction has now
warrant an honorable discharge.
been set aside, the Board concludes that the ensuing conduct mark
should be disregarded.
reason for discharge was appropriate since dismissal of the GCM
charges resulted in separation by reason of expiration of
Further, the Board believes that the reenlistment
enlistment.
code of RE-3C is appropriate since the court-martial conviction
and sentence were overturned due to an evidentiary matter and not
because of Petitioner's innocence.
However, the Board believes that the
In this
llO1t
In view of the foregoing,
injustice warranting the following corrective action.
the Board finds the existence of an
2
RECOMMENDATION:
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 27 October 1987 vice the general discharge actually
issued on that date.
b. That the mark of zero given at the time
reduction in pay grade at the now removed GCM
his overall conduct average 4.2.
Petitioner's
be deleted, making
c. That no further relief be granted.
d. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
e. That, upon request, the Veterans Administration be informed
that Petitioner's application was received by the Board on 4
September 2002.
4. It is certified that a quorum was present at the Board's
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
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
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
3
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