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NAVY | BCNR | CY2006 | 10306-06
Original file (10306-06.rtf) Auto-classification: Approved

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                             SJN
                                                                                           Docket No: 10306-06
                                                                                           30 May 2007

 From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD OF
Ref:     (a) 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 enclosure (1) with this Board requesting an upgrade of his general discharge.
2. The Board, consisting of M r.   and Ms. reviewed Petitioner’s allegations of error and injustice
 on 23 May 2007 and, pursuant to its regulations, a majority 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 Navy as a seaman (E-3) on 30 May 1974 at age 17 and served without disciplinary incident. He was promoted to third class petty officer (E-4) but was later disenrolled from nuclear power training.
d.       Although not all of the administrative separation documentation is in the record, the available material shows that Petitioner received a general discharge by reason of physical disability on 9 September 1976.
                  e.       At the time of Petitioner’s service, characterization of service was based, in part, on conduct and overall trait averages computed from marks assigned on a periodic basis. Conduct and overall trait averages of 3.0 and 2.7 were required for a fully honorable characterization of service. Petitioner’s conduct average was 2.9.
         f.       With his application, Petitioner points out that the marks he received were just under those required for a fully honorable discharge and that his medical conditions contributed to his unsatisfactory performance.
MAJORITY CONCLUSION:

Upon review and consideration of all the evidence of record, a majority of the Board, consisting of Mr. Dunn and Mr. Bourgeois, concludes that Petitioner’s request warrants favorable action.

In reaching its conclusion, the majority concluded that even though the general discharge was proper, given the lack of disciplinary infractions, Petitioner’s overall trait average and the reason for his separation, the record should reflect a honorable characterization of service. In view of the foregoing, the majority recommends the following corrective action:

MAJORITY RECOMMENDATION:

 a.       That Petitioner’s naval record be corrected to show that on 9 September 1976 Petitioner was issued an honorable discharge vice the general discharge actually issued on that date.
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 21 November 2006.
MINORITY CONCLUSION:

Ms. Wilcher disagrees with the majority and concludes that Petitioner’s request does not warrant favorable action.

The minority believes that Petitioner’s record does not warrant a change in the characterization of his service due to his failure to attain the required average in conduct. In view of the foregoing, the minority finds no injustice warranting corrective action.
MINORITY RECOMMENDATION:

 That Petitioner’s request be denied.

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


W.       DEAN PFEIFFER
 PF MAJORITY REPORT APPROVED:
 MINORITY RT APPOVED:

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