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NAVY | BCNR | CY2005 | 03444-05
Original file (03444-05.rtf) Auto-classification: Approved


DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX     TRG
WASHINGTON DC 20370-5100 Docket No: 3444—05

30 September 2005
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD OF dmhi.-uuhmm.m-.~ qi~IIIUhIUIiUIIUEUmu~
 Ref:     (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
 (2)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed an application with this Board reqLie~ting a better characterization of service then the general discharge issued on 27 July 2002.
2. The Board, consisting of Mr   Mr. and Mr. reviewed Petitioner’s allegations of error and injustice
 on 20 September 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.       Petitioner’s application was filed in a timely manner.
C.       Petitioner enlisted in the Navy on 29 August 2001 at age
 18.      Subsequently, he was disenrolled from the Nuclear Power Training Program due to academic failure. On 24 June 2002 he was diagnosed with a depressive disorder. Because he was considered at risk to harm himself if retained in the Navy, Petitioner was recommended for separation from the Navy. He was notified of separation processing on 28 June 2002 and elected to waive his procedural rights. After review the discharge authority directed a general discharge and you were so discharged on 27 July 2002.
d.       Regulations require the type of discharge warranted by the service record when an individual is discharged for the convenience of the government. Petitioner was discharged by reason by reason of “condition, not a disability” which is a
 subcategory under convenience of the government. Petitioner’s overall trait average was 2.9, which would support the issuance of an honorable discharge.

CONCLUSION:

Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. As indicated, Petitioner served without any disciplinary infractions and his evaluations would support the issuance of an honorable discharge. Therefore, in the absence of any other evidence, the Board concludes that the general discharge is inappropriate and should now be recharacterized to an honorable discharge.

RECONMENDATION:

 a.       That Petitioner’s naval record be corrected to show that on 25 July 2002 he was issued an honorable discharge vice the general discharge now of record.

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

c.       That the Department of Veterans Affairs be informed upon request that Petitioner’s application was received by the Board on 29 April 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 abpve entitled matter.
/
ROBERT D. ZSALMAN        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 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 of the Navy.
W. DEAN
Executive E
2
I

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