DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 08335-06
4 April 2007
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OP NAVAL RECORD OF EX
Ref: (a) 10 U.S.C. 1552
Encl: (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 recharacterization of his release from
active duty.
eZ. The Board, consisting of Ms. ieec, Mr Wie, and Mr.
a: , reviewed Petitioner's allegations of error and injustice
on 10 August 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 enclosure (1) was not filed in a timely manner,
it is in the interest of justice to waive the statue of
limitations and review the application on its merits.
c. Petitioner enlisted in the Marine Corps on 8 July 1999
at age 18. On 24 May 2000 and 18 January 2001 he received
nonjudicial punishment (NJP) for two periods of unauthorized
absence (UA) totaling 105 days. The cumulative punishment
awarded at these NJP’s included reductions in rank from lance
corporal (LCpl; E-3) to private (Pvt; E-1).
d. After his second NUP, Petitioner remained on active duty
for about 33 months. During this period, he advanced in rank to
CPL . His record during the last 26 months of service reflects
exemplary conduct and excellent performance. Also, he was
deployed to Iraq and earned the Combat Action Ribbon.
e. On 22 October 2003 Petitioner was released from active
duty under honorable conditions at the expiration of his
enlistment and transferred to the Marine Reserve. Petitioner’s
military obligation expires on 20 July 2007.
f. Petitioner’s release was characterized as under honorable
conditions and not fully honorable based on conduct and
proficiency averages computed from marks assigned on a periodic
basis. His conduct average was 3.8. A conduct average of 4.0 is
required for a fully honorable characterization of service.
g. In his application, Petitioner points out that he
completed his enlistment but with a characterization of under
honorable conditions, he is unable to use his benefits under the
Montgomery GI Bill (MGIB). He believes that his good conduct
since the second NUP, and his combat service warrant an 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.
Although Petitioner’s record of military service includes NJP’s
for periods of UA totaling more than three months and
characterization of his service as under honorable conditions,
was technically proper given his failure to attain the required
average in conduct, the Board believes that his excellent record
of service after the second NJP earned him a better
characterization of service. During this period, he had no
disciplinary infraction, was advanced in rank to Cpl, performed
his duties, and an excellent manner, and served overseas in
combat. In view of the foregoing, the Board recommends the
following corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 22 October 2003 Petitioner was honorably released from active
duty, vice the release under honorable conditions actually issued
on that date. Upon completion of his military obligation, an
honorable discharge should be issued.
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
c. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on
15 September 2006.
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. 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.
\;5 }
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