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NAVY | BCNR | CY2006 | 04075-06
Original file (04075-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                              TJR
                                                                                           Docket No:4075-06
                                                                                          1 November 2006

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

Ref:     (a) 10 U.S.C. 1552
End:     (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 Marine Corps, filed enclosure (1) with this Board requesting that the characterization of his discharge be changed.
2 The Board consisting of Messrs and reviewed Petitioner’s allegations of error and injustice on 1 November 2006 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 13 October 1952 at the age of 19.
d.       Petitioner served without incident until 25 May 1953, when he received nonjudicial punishment (NJP) for possession of a rusty rifle.
 e.       On 28 July 1953 a medical board found Petitioner to be unfit for further service due to a diagnoses of immaturity with symptomatic habit reaction, and enuresis.
f.       On 28 August 1953 Petitioner was issued a general discharge under honorable conditions. At that time, his conduct average of 3.98 was below the average mark of 4.0 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 based on the minor nature of his misconduct and overall record of service and conduct average, which was only .02 under the requirement for a fully honorable characterization of service.
Based on the foregoing, the Board concludes that no useful purpose is served by continuing to characterize Petitioner’s service as having been under honorable conditions, and recharacterization to a fully honorable discharge is appropriate. Accordingly, the Board concludes that relief in the form of recharacterization of Petitioner’s discharge is appropriate.
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action.
RECONMENDATION:
a.       That Petitioner’s naval record be corrected to show that he was issued an honorable discharge on 28 August 1953 vice the general discharge actually issued on that same day.
b.       That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record and that no such entries or material be added to the record in the future.
c.       That any material directed to be removed from Petitioner’s naval record be returned to the Board, together with a copy of this Report of Proceedings, for retention in a confidential file maintained for such purpose, with no cross reference being made a part of Petitioner’s naval record.





2



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 proceedin g the led matter.

ROBERT D. ZSALMAN                                    WILLIAM J. HESS, IIII
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 PFEIFFER
 Executive Dir ector

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