DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 10492-02
17 September 2003
From: Chairman, Board for Correction of Naval Records
To:
Subj: REVIEW
Secretary of the Navy
OF NAVAL, OF RECORD
Ref:
Encl:
U.S.C. 1552
(a) 10
(1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
The Board,
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 the characterization of his
service be changed.
2.
consisting of Mr. Beckett, Ms. McCormick, and Mr.
reviewed Petitioner's allegations of error and injustice
Pauling,
on 16 September 2003 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record.
Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations, and policies.
3.
to Petitioner's
follows:
having reviewed all the facts of record pertaining
allegations of error and injustice finds as
The Board,
a.
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
C .
b.
Although it appears that enclosure (1) 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.
Petitioner enlisted in the Marine Corps on 9 October 1981
for four years at age 19 and served for more than three years
without disciplinary incident.
occasions regarding inappropriate behavior by his wife, and
conduct prejudicial to good order and discipline in that he was
involved with another Marine's wife.
However, he was counselled on two
d.
On 15 February and 26 July 1985 Petitioner received
nonjudicial punishment (NJP) for two periods of absence from his
appointed place of duty.
was vacated on 15 March 1985 due to further misconduct.
Suspended punishment from the first NJP
e.
f.
On 3 and 31 July 1985 Petitioner was referred for medical
evaluations as a result of alcohol abuse and depression.
subsequently diagnosed with an adjustment disorder with a
Subsequently,
depressed mood, alcohol abuse, and depression.
Petitioner participated in a Level II substance abuse program.
At the expiration of his enlistment on 8 October 1985,
Petitioner was released from active duty under honorable
conditions and transferred to the Marine Corps Reserve. At the
time of his release, Petitioner's conduct and proficiency
averages of 4.1 were higher than the averages required for a
fully honorable characterization of service.
does not specifically reflect such action, Petitioner should have
received a general discharge from the Marine Corps Reserve upon
completion of his military obligation.
He was
Although the record
g.
Applicable regulations state that an individual separated
at the expiration of enlistment or upon completion of the
military obligation will receive a fully honorable
characterization of service unless a characterization of under
honorable conditions is warranted based on the conduct and
proficiency averages.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes the nature of Petitioner's misconduct and does
However, the Board's finding is
not condone his infractions.
based on his satisfactory service for more than three years and
the fact that he completed his enlistment.
that Petitioner's conduct and proficiency averages were higher
than those required for a fully honorable characterization of
service.
characterized, and the Board concludes that recharacterization to
a fully honorable discharge is now appropriate.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
Accordingly, his service should have been so
The Board also notes
a.
That Petitioner's naval record be corrected to show that
on 8 October 1985 he was honorably released from active duty,
vice being released under honorable conditions on the same day.
2
b.
That the record be further corrected to show that upon
completion of his military obligation, Petitioner received an
honorable discharge from the Marine Corps Reserve.
Report of Proceedings be filed in
the Veterans Administration be
application was received by the Board
C .
d.
That a copy of this
Petitioner's naval record.
That, upon request,
informed that Petitioner's
on 12 December 2002.
4.
review and deliberations,
complete record of the Board's
matter.
It is certified that a quorum was present at the Board's
and that the foregoing is a true and
ROBERT D. ZSALMAN
Recorder
Acting 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 Regulation, 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),
behalf of the Secretary of the Navy.
has been approved by the Board on
Executive D
3
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