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NAVY | BCNR | CY2007 | 04134-07
Original file (04134-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100


                                                       SJN
                                                                                           Docket No: 04134-07
                                                                                          19 February 2008

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) DD Form 149 with attachments
 (2)      Case Summary (3~ Subject s
        

1.       former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting an upgrade of hi s other than honorable discharge.
2 The Board, consisting of Ms , and Mr. r eviewed Petitioner’s allegations of error and injustice on 13 February 2008 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 3 June 1985 at age 18. Based on the information currently contained in his record it appears that after a background investigation, it was discovered that Petitioner fraudulently enlisted into the Marine Corps. On 26 February 1986, he was notified of pending administrative separation action by reason of misconduct due to his failure to disclose that he had prior service with the Army
from 30 May 1975 to 16 September 1977, during which he received two nonjudicial punishments, was convicted by both summary court-martial and civil authorities, and was separated with a general discharge under an “Expeditious Discharge Program” because of substandard performance. Prior to this period of service, Petitioner also served in the Navy from 29 November 1972 to 27 November 1974.
d.       As a result of his failure to disclose this information, his commanding officer (CO) initiated administrative discharge action by reason of misconduct due to fraudulent entry as evidenced by his deliberate concealment of his prior Army service. It also appears he waived his rights to consult counsel, submit a statement or have his case heard by an administrative discharge board. On 27 February 1986, his CO forwarded his recommendation that Petitioner be discharged under other than honorable conditions by reason of fraudulent enlistment. On 8 May 1986 he was so discharged.
e.       Petitioner’s proficiency and conduct trait averages during his last period of service were 4.6 and 4.3 respectively, well above the requirement for a fully honorable characterization of service and he was not the subject of any disciplinary action.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action.
In this regard, the Board notes Petitioner’s overall exceptional record of military service with the Marine Corp, including his prior Naval service, his service with the Army and the issues that led to his discharge. However, the Board concludes that, in view of his last period of military service, which includes excellent proficiency and conduct averages and no disciplinary action, the record should reflect a general characterization of service under these circumstances.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that on 8 May 1986 Petitioner was issued a general discharge vice the other than honorable 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 23 May
 2007.
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        BRIAN J. GEORGE
 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 PF EIFFER
          Executive Director

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