DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10131-05
27 March 2007
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER ie wig
REVIEW OF NAVAL RECORD
Ref: (a) 20 0.8.6. 1552
Encl: (1) DD Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected that she was discharged reason of physical
disability rather than misconduct.
2. The Board, consisting of Messrs. , Mme and
WRN veviewed Petitioner's allegations of error and injustice
on 8 February 2007, and pursuant to its regulations, determined
that the partial 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 enlisted in the Marine Corps on 12 July 1983.
She was referred for psychiatric evaluation on 17 September 1984
after suffering a miscarriage. She was given a diagnosis of an
adjustment disorder with mixed disturbance of emotions and
conduct, and recommended for discharged by reason of
unsuitability on that basis. On or about 15 November 1984, she
submitted a request for discharge for the good of the service in
lieu of trial by court-martial for four specifications of failure
to go to her appointed place of duty at the time, and
intentionally injuring herself with intent to avoid service, by
taking a drug overdose. Her conduct and proficiency mark
averages at that time were 4.7 and 4.6, respectively. Her
commanding officer recommended approval of her request because he
felt that her desire for discharge, which was manifested by her
drug overdose, made her potential for useful service extremely
doubtful. He also noted that her psychiatrists and he believed
that under the circumstances of her case, it was in her best
interest to discharge her as expeditiously as possible. She was
placed in a sick in quarter status by her psychiatrist pending
action on her request for discharge. Her request was approved by
the discharge authority, and she was separated from the Marine
Corps on 3 December 1984, for the good of the service in lieu of
trial by court-martial, with a discharge under other than
honorable conditions.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concluded that Petitioner failed to submit sufficient
relevant evidence to demonstrate that her discharge for the good
of the service in lieu of trial by court-martial was improper, or
that she was unfit for duty by reason of physical disability that
was incurred in or aggravated by her service in the Marine Corps.
The Board concludes further, however, that in view of
Petitioner’s excellent record prior to her miscarriage, and the
fact that her desire for a discharge was related to her reaction
to that unfortunate occurrence, it would be in the interest of
justice to upgrade her discharge to general.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
she was discharged from the Marine Corps on 3 December 1984, for
the good of the service in lieu of trial by court-martial, with
a discharge under honorable conditions.
b. That so much of her request for correction of her naval
record as exceeds the foregoing be denied.
c. That copy of this Report of Proceedings be filed in
Petitioner's naval record.
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 ES EXNICIO
Recorder J *ting 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.
Lo Van )
W. DEAN P
r
Executive Di
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