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
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