Search Decisions

Decision Text

NAVY | BCNR | CY2005 | 00626-05
Original file (00626-05.doc) Auto-classification: Approved



                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100



                                                        TJR
                                                              Docket No:
626-05
                                                              24 October
2005


      From: Chairman, Board for Correction of Naval Records
      To:   Secretary of the Navy

      Subj: REVIEW OF NAVAL OF ~


      Ref:  (a) 10 U.S.C. 1552

      End:  (1) DD Form 149 with attacliments
             (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 the characterization of his discharge be
      changed.

      2.    The Board, consisting of Messrs.
      dUI~ reviewed Petitioner’s allegations of error and injustice on 18
      October 2005 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.    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 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 26 January 1959
      at age 25 after nearly seven years of prior honorable service in the
      Air Force.




















    d. During Petitioner’s period of service he was the subject of a
nonjudicial punishment (NJP) on 21 December 1959 for a one day period of
unauthorized absence (UA). He was also convicted on 14 June 1960 by summary
court-martial (SCM) of a two day period of UA and on 13 July 1960 by
special court-martial (SPCM) of absence from his appointed place of duty.
Shortly after the conviction by SPCM, on 31 July 1960, Petitioner received
adverse marks of 1.0 and 3.4 in conduct and proficiency, respectively.

    e. Petitioner’s record contains a SPCM order dated 9 August 1960 stating
that the charges of the 13 July 1960 SPCM had been dismissed and all
rights, privileges, and property were restored.

    f. Petitioner was processed for an administrative separation by reason
of unsuitability due to emotional instability and immaturity as evidenced
by his apathetic attitude.

    g. On 15 August 1960 the discharge authority directed separation under
honorable conditions by reason of unsuitability due emotional instability
and immaturity. On 2 September 1960 Petitioner was issued a general
discharge under honorable conditions.

    h. At the time of Petitioner’s discharge his conduct and proficiency
averages were 3.6 and 4.2, respectively. However, if the marks are
recalculated without the adverse marks he received on 31 July 1960, his
conduct and proficiency averages would be 4.2 and 4.3, higher than the
averages 4.0 and 3.8 required for a fully honorable characterization of
service.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board
concludes that Petitioner’s request warrants favorable action. In this
regard, the Board’s decision for relief is based on Petitioner’s conduct
average and the fact that the sole reason for separation was his emotional
instability and immaturity.

The Board initially notes the relatively minor nature of Petitioner’s
disciplinary infractions that resulted in NJP and two court-martial
convictions. However, the Board further notes that the charge which
resulted in the SPCM was dismissed, and all of Petitioner’s rights,
privileges, and property were restored. Because of this action, the Board
concludes that the adverse marks he received on 31 July 1960 should also be
disregarded. Accordingly, since Petitioner’s recalculated conduct and






                                      2



proficiency averages exceeded the requirements for a fully honorable
characterization of service, the Board concludes that no useful purpose is
served by continuing to characterize his service as having been under
honorable conditions, and recharacterization to a fully honorable discharge
is appropriate.

In view of the foregoing, the Board finds the existence of an injustice
warranting the following corrective action.

RECOM~4ENDATION:

    a. That Petitioner’s naval record be corrected to show that he was
issued an honorable discharge on 2 September 1960 vice the general
discharge actually issued on that day.

    b. That a copy of this Report of Proceedings be filed in Petitioner’s
naval record.

    c. That, upon request, the Veterans Administration be informed that
Petitioner’s application was received by the Board on 25 January 2005.

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 titled matter.
ROBERT D. ZSALMAN      ALAN E. GOLDSMITH
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), has been
approved by the Board on behalf of the Secretary of the Navy.
      W. DEAN PFEIF
                                        Executive Dir







                                      3

Similar Decisions

  • NAVY | BCNR | CY1999 | 00251-99

    Original file (00251-99.pdf) Auto-classification: Approved

    251-99 1 June 1999 From: To: Chairman, Board for Correction of Secretary of the Navy Naval Records Subj: REVIEW OF OF' Ref: (a) 10 U.S.C.1552 Encl: (1) DD Form 149 (2) Case Summary (3) Subject's naval record Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the United States Navy, applied to this Board requesting, in effect, that his naval record be corrected to show a more favorable type of discharge than the general discharge issued on 5 July 1960. He...

  • NAVY | BCNR | CY2002 | 06282-00

    Original file (06282-00.pdf) Auto-classification: Denied

    You continued to serve in the Marine Corps and whea you You were honorably discharged on During this period you Individuals discharged for unsuitability received the type of Character of service discharge warranted by the service record. The Board also noted your In its review of your application the Board carefully weighed all potentially mitigating factors such as your youth and immaturity, subsequent honorable service in Vietnam in which you were twice wounded in combat, and your...

  • ARMY | BCMR | CY2010 | 20100012168

    Original file (20100012168.txt) Auto-classification: Approved

    On 18 March 1960, the applicant was separated under the provisions of Army Regulation 635-209 with a general discharge under honorable conditions and assigned SPN 264. SPN "264" was the correct code for Soldiers separating under the provisions of Army Regulation 635-209 for unsuitability-character and behavior disorder. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. Voiding the DD Form 214 issued to the applicant on...

  • NAVY | BCNR | CY2002 | 08378-02

    Original file (08378-02.pdf) Auto-classification: Approved

    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. 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...

  • NAVY | BCNR | CY2009 | 09671-09

    Original file (09671-09.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5106 TIR Docket No: 9671-09 22 July 2010 From: Chairman, Board for Correction of Naval Records To; Secretary of the Navy Subj: REVIEW NAVAL RECORD OF.g@ Ref: fa) 10 U.S.C. 1552 Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's naval record 1. Pursuant to the provisions of reference (a), Petitioner, a Former enlisted member of the Navy, filed enclosure (1) with this Board...

  • NAVY | BCNR | CY2007 | 11354-07

    Original file (11354-07.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TUJR Docket No: 11354-07 19 November 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF Wi Ref: (a) 10 U.S.C. The Board especially notes that Petitioner's conduct and proficiency averages met the requirements for a fully honorable characterization of service. c. That, upon request, the Department of Veterans Affairs be informed...

  • ARMY | BCMR | CY2009 | 20090010889

    Original file (20090010889.txt) Auto-classification: Approved

    DA Form 37 (Report of Proceedings of Board of Officers) dated 5 February 1960, shows the applicant was found unsuitable for further military service due to character and behavior disorders. The attached Report of Procedures of the Board of Officers stated that the board convened at 1300 hours on the above date. The applicant was separated due to a personality disorder with a general discharge in accordance with the regulation in effect at the time.

  • NAVY | BCNR | CY2002 | 04499-02

    Original file (04499-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 August 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. not sufficient to However: the Board concluded that these factors were waPrant recharacterization of your discharge such as your youth and due to the two disciplinary actions as well as the fact that your conduct average...

  • NAVY | BCNR | CY2011 | 03308-11

    Original file (03308-11.pdf) Auto-classification: Approved

    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 general discharge be changed. The Board, consisting of Messrs. Exnicios, Hess, and Pfeiffer, reviewed Petitioner's allegations of error and injustice on 18 January 2012 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. ...

  • NAVY | BCNR | CY2007 | 11227-07

    Original file (11227-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and...