DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
23 June 2003
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD 0
10536-02
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member in the Marine Corps, filed an application
with this Board requesting that his record be corrected to show a
better characterization of service than the discharge under other
than honorable conditions issued on 17 June 1987.
nd Mr.
Mr.
s o
~~~~~~w~~n~fsE:~~n~~,~
error and injustice
on 3 June 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 allegations of error and injustice, finds as
follows:
a.
The Board, having reviewed all the facts of record pertaining
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 was
not filed in a timely manner,
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
C .
Petitioner
On 9
February 1972 he was issued a discharge under other than
honorable conditions.
The Army record is unavailable, however,
later statements indicate that he was addicted to heroin while in
the Army.
enlist,ed in the Army on 1 March 1971.
d.
May 1977 for six years at age 25.
to any prior service.
for over eight years.
Petitioner enlisted in the Marine Corps Reserve on 10
He then served in a satisfactory manner
During this period he was promoted to
At that time, he did not admit
sergeant.
purpose of enlisting in the Regular Marine Corps.
On 17 October 1985 he was honorably discharged for the
e.
Petitioner enlisted in the Marine Corps on 18 October
1985 for four years in the grade of corporal.
received nonjudicial punishment for disrespect and was reduced in
rank to lance corporal.
Apparently sometime in early 1986, the
fact of his prior Army service and discharge under other than
honorable conditions was discovered.
On 23 April 1987, he was
notified of separation processing due to the fraudulent
enlistment.
In connection with that processing, he -elected to
waive the right to have his case heard by an administrative
discharge board.
discharge under other than honorable conditions and he was so
discharged on 17 June 1987.
Subsequently, the discharge authority directed
On 14 July 1986 he
f.
Regulations state that, if the fraudulent enlistment
involved concealment of a prior separation in which service was
not characterized as honorable,
the characterization of service
shall normally be under
other.than honorable conditions
57.
In his application, Petitioner contends, in effect, that
However, given his lengthy period of honorable
his over eight years of honorable service in the Marine Corps
Reserve and his 18 months of satisfactory service in the Marine
Corps were mitigating factors.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
It is clear that Petitioner was properly discharged on
17 June 1987.
service in the Marine Corps Reserve,
his initial period of good
service in the Marine Corps,
and the passage of time, the Board
concludes that recharacterization of the discharge to general is
now warranted.
RECOMMENDATION:
a.
17 June 1987 he was issued a general discharge by reason of
fraudulent enlistment vice the discharge under other than
honorable conditions now of record.
b.
naval record.
That Petitioner's naval record be corrected to show that on
That this Report of Proceedings be filed in Petitioner's
That the Department of Veterans Affairs be informed upon
C .
request, that Petitioner's application was received by the Board
on 12 December 2002.
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
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 o
Acting Recorder
3
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