Search Decisions

Decision Text

NAVY | BCNR | CY2005 | 01542-05
Original file (01542-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100



                                                      SMW
                                                                                           Docket No: 1542-05
                                                                                          17 August 2005


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

                  Ref: (a) 10 U.S.C. 1552
En cl :    (1) Case Summary
                   (2) Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Marine Corps, applied to this Board requesting, in essence, that his record be corrected to show that he was released from active duty with an honorable characterization of service vice the release under honorable conditions actually issued; and that he received an honorable discharge upon completion of his military obligation, vice the general discharge actually issued.
2 The Board, consisting of Mr a nd Ms reviewed Petitioner’s allegations of error and injustice on 17 August 2005, 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 Petitioner’s application 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 7 June 1960 at the age of 18. During the period of 17 November 1961 to 18 December 1963 he received eleven nonjudicial punishments (NJP’s). His offenses included five instances of unauthorized absences during non—duty hours that totaled less than 12 hours, one unauthorized absence of about one day, failure to go at the time appointed to his place of duty, destruction of government property valued at $1.00, being disorderly in his quarters, being negligent in the loss or theft of an M-14 rifle, fighting with two Marines, and being found with an unclean rifle.

d.       Service records show that he served two periods of guard duty totaling 79 days, five periods of mess duty totaling 159 days, and one period of pest and rodent control duty of 51 days. Records reflect no adverse counseling entries regarding his performance of duty or failure to meet the standards of his military occupational specialty (MOS) of combat engineer (1371). His final average proficiency and conduct marks were 3.6 conduct and 3.81 proficiency.
e.       On 5 June 1964 Petitioner was released from active duty under honorable conditions. On 7 June 1966 he received a general discharge from the Marine Corps Reserve.
f.       Characterization of service is determined, in part, by conduct and proficiency averages computed from marks assigned on a periodic basis. Petitioner’s conduct average was 3.6, below the 4.0 average required for a fully honorable characterization of service.
g.       In his application, Petitioner essentially contends that he was victimized by racism. He states that he and the other African Americans in his unit received resistance from “the southern whites who thought all Blacks should be grunts.” He acknowledged that he made “big errors’ by “playing right into the hands of those who were prejudiced.”




CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action. Specifically, the Board believes that Petitioner was discriminated against as evidenced by the 11 NJP’s in which most of the offenses would have likely not been charged if Petitioner had not been a minority. In addition, there was no record of poor performance of duty, flagrant misconduct, or incompetence, yet he was repeatedly assigned conduct marks that would ensure he received a general discharge. Furthermore, he was clearly subject to disparate treatment as evidenced by the eight assignments to guard duty, mess duty, and pest and rodent control duty that totaled more than nine months, which far exceeded these types of duties typically assigned to Marines during four years of active service. Based on the foregoing, the Board believes the record should be corrected to show an honorable release from act duty and an honorable discharge.

RECOMMENDATION:

a.       That Petitioner’s naval record be corrected to show that on 5 June 1964 he was released from active duty with an honorable characterization of service vice the release under honorable conditions actually issued on that date. In addition, his record be corrected to show that on 7 June 1966 he received an honorable discharge from the Marine Corps Reserve vice the general discharge actually issued on that date.
b.       That this Report of Proceedings be filed in Petitioner’s naval record.
c.       That, upon request, the Veteran’s Administration be informed that Petitioner’s application was received by the Board on 23 February 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 entitled matter.


ROBERT D. ZSALMAN                                             ALAN E. GOLDMSITH
Recorder                                                       Acing Recorder

5.       The foregoing action of the Board is submitted for your review and action.

                                                     
W. DEAN PFEIFFER
Executive Director





Reviewed and approved:

Robert T. Call
 A ssistant General Counsel
 M anp ower and Reserve Affairs)
 Acting Recorder

Similar Decisions

  • NAVY | BCNR | CY2007 | 05350-07

    Original file (05350-07.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMS Docket No: 5350-07 2 September 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: AVAL RECORD O REVIEW OF Ni Ref: (a) 10 U.S.C. With his application, he also provided psychiatric treatment records from 10 October 2006 to 9 April 2007, and a letter from the treating psychiatrist, Dr. Ehtesham, who states that he is diagnosed as having severe PTSD and...

  • NAVY | BCNR | CY2003 | 03886-03

    Original file (03886-03.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, in effect, that his naval record be corrected to show a more favorable type of discharge than the undesirable discharge issued on 2 July 1964. f. On 9 June 1964, after Petitioner was advised of administrative separation action and waived his right to an administrative discharge board, the commanding officer recommended that he be separated...

  • NAVY | BCNR | CY2008 | 04949-08

    Original file (04949-08.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, applied to this Board requesting an honorable characterization of service vice the general characterization of service that he received on 20 July 1964, when he was released from active duty. On 5 February 1963, he departed Quantico and at that time his proficiency and conduct mark averages were both 4.1. d. On 22 April 1963, Petitioner reported to Okinawa, Japan, for duty as a weapons...

  • NAVY | BCNR | CY2001 | 03908-01

    Original file (03908-01.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, in effect, that his naval record be corrected to show a more favorable type of discharge than the undesirable discharge issued on 21 August 1964. CONCLUSION: Based upon Petitioner's overall record of service and Upon review and consideration of all the evidence of record, the Board concludes that Petitioner's request warrants...

  • 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. 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. In view of the foregoing, the Board finds the existence of an injustice warranting...

  • NAVY | BCNR | CY2006 | 07789-06

    Original file (07789-06.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, applied to this Board requesting an upgrade of the bad conduct discharge (BCD) issued on 25 January 1977.2. The Board finally considered Petitioner’s 29 years of good post-service conduct as evidenced by the FBI report. That Petitioner’s naval record be corrected to show that he received a general discharge on 25 January 1977, vice the BCD actually issued on that date.b.

  • NAVY | BCNR | CY2008 | 11631-08

    Original file (11631-08.pdf) Auto-classification: Approved

    Regulations state that Marines serving on active duty in pay grade E-4 and below will receive SA proficiency and conduct marks on 31 January and 31 July, and Marines who have received proficiency and conduct marks within the prior 90 days will receive SA proficiency and conduct marks of "not available" (NA). The Board also considers his two deployments to Iraq, awards, and present status in the Marine Corps Reserve. c. That Petitioner's naval record be further corrected by removing any...

  • NAVY | BCNR | CY2007 | 06981-07

    Original file (06981-07.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, applied to this Board requesting an honorable characterization of service vice the under honorable characterization of service that was issued on 29 May 1967.2. The Board is aware that during the time of Petitioner’s service, an honorable characterization of service was normally conditioned upon minimum proficiency and conduct mark averages of 3.8 and 4.0, respectively.CONCLUSION:Upon...

  • NAVY | BCNR | CY2002 | 00215-02

    Original file (00215-02.pdf) Auto-classification: Approved

    former enlisted member of the Marine Corps, applied to this Board changes in the characterization of service requesting, in effect, and reenlistment code. In order to receive a fully honorable characterization of Petitioner's proficiency However, CONCLUSION: The Board believes that, although Upon review and consideration of all the evidence of record the Board now finds the existence of an injustice warranting corrective action. Petitioner's service was properly characterized as...

  • NAVY | BCNR | CY2007 | 06599-07

    Original file (06599-07.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change in the general characterization of his service.2. The Board, consisting of Mr. reviewed Petitioner’s allegations of error and injustice on 2 April 2008 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. C. Petitioner enlisted in the Navy on 30 June 1961.