Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 06599-07
Original file (06599-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX







 SJN
Docket No: 06599-07
8 April 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 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 a change in the general characterization of his service.
2.       The Board, consisting of Mr. rev i ewed Petitioner’s allegations of error and injustice on 2 April 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 statute of limitations and review the application on its merits.





C.       Petitioner enlisted in the Navy on 30 June 1961. On 7 March 1962, he was convicted by civil authorities of tampering with an automobile. On 5 June 1962, he received nonjudicial punishment (NJP) for disrespect. On 9 June 1962, Petitioner was convicted by a summary court-martial (SCM) of disobedience (told to stop playing pool and get back to work). On 23 May and 2 August 1963, he received NJP for dereliction of duty and absence from his appointed place of duty.
d.       Petitioner served for almost two years without incident until 30 April 1965, when he was released under honorable conditions from active duty and transferred to the Navy Reserve. At that time he was not recommended for reenlistment. On 29 June 1967, Petitioner received a general discharge at the completion of his military obligation based on his conduct and proficiency marks.
e.       Characterization of service is based in part on conduct and proficiency averages computed from marks assigned on a periodic basis. Petitioner’s conduct average was 2.8. At the time of his service, a conduct average of 3.0 was 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 relief. In reaching its conclusion, the Board notes Petitioner’s youth, time in service and after careful and conscientious consideration of the entire record, including his civil and SCM convictions, and three NJP’s, all for relatively minor disciplinary infractions. The Board concludes that even though Petitioner properly received a general discharge based on his overall record of military service, as a form of clemency, the record should reflect an honorable characterization of service. In view of the foregoing, the Board recommends the following corrective action:
RECONMENDAT ION:
a.       That Petitioner’s naval record be corrected to show that on 29 June 1967 he received 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 24 July
 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 72 3.6(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 Director

Similar Decisions

  • NAVY | BCNR | CY2007 | 05350-07

    Original file (05350-07.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMS Docket No: 5350-07 2 September 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: AVAL RECORD O REVIEW OF Ni Ref: (a) 10 U.S.C. With his application, he also provided psychiatric treatment records from 10 October 2006 to 9 April 2007, and a letter from the treating psychiatrist, Dr. Ehtesham, who states that he is diagnosed as having severe PTSD and...

  • NAVY | BCNR | CY2005 | 00626-05

    Original file (00626-05.doc) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TJR Docket No: 626-05 24 October 2005 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL OF ~ Ref: (a) 10 U.S.C. Shortly after the conviction by SPCM, on 31 July 1960, Petitioner received adverse marks of 1.0 and 3.4 in conduct and proficiency, respectively. In view of the foregoing, the Board finds the existence of an injustice warranting...

  • NAVY | BCNR | CY2008 | 04143-08

    Original file (04143-08.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMS . Docket No: 4143-08 6 February 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD CFR Ref: (a) 10 U.S.C. 1552 Encl: (1) Case Summary (2) Subject's naval record 1.

  • NAVY | BCNR | CY2007 | 06981-07

    Original file (06981-07.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, applied to this Board requesting an honorable characterization of service vice the under honorable characterization of service that was issued on 29 May 1967.2. The Board is aware that during the time of Petitioner’s service, an honorable characterization of service was normally conditioned upon minimum proficiency and conduct mark averages of 3.8 and 4.0, respectively.CONCLUSION:Upon...

  • NAVY | BCNR | CY2005 | 01710-05

    Original file (01710-05.rtf) Auto-classification: Approved

    On 19 July 1963 he was separated with an undesirable discharge by reason of unsuitability.h. However, regulations authorized no less than a general discharge for service members who are separated for this reason.j.The Board is also aware that characterization of service by reason of unsuitability is determined by the member’s military record, proficiency and conduct averages, and information pertaining to the military record.CONCLUSION:Upon review and consideration of all the evidence of...

  • NAVY | BCNR | CY2002 | 02665-02

    Original file (02665-02.pdf) Auto-classification: Approved

    1552 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record Pursuant to the provisions of reference (a), Petitioner, a The Board, consisting of Messrs. Pfeiffer, Shy, and Ms. 1 . Furthermore, the Board concluded that his extensive combat service and his proficiency and conduct marks warrant a fully honorable characterization of service, and are sufficient to outweigh his brief period of misconduct. That any material directed to be removed from Petitioner's naval record...

  • NAVY | BCNR | CY2008 | 04949-08

    Original file (04949-08.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, applied to this Board requesting an honorable characterization of service vice the general characterization of service that he received on 20 July 1964, when he was released from active duty. On 5 February 1963, he departed Quantico and at that time his proficiency and conduct mark averages were both 4.1. d. On 22 April 1963, Petitioner reported to Okinawa, Japan, for duty as a weapons...

  • NAVY | BCNR | CY2003 | 07510-03

    Original file (07510-03.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting his record be corrected by removing a conviction by summary court-martial (SCM) and upgrading his discharge.2. 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 relief in the form of recharacterization to a fully honorable...

  • NAVY | BCNR | CY2002 | 05531-00

    Original file (05531-00.pdf) Auto-classification: Denied

    5531-00 8 February 2002 From: To: Subj Ref: Encl: Chairman, Board for Correction of Naval Records Secretary of the Navy OF (a) 10 U.S.C.1552 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's Naval Record Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Marine Corps, applied to this Board requesting, in effect, to show a more favorable type of discharge than the general discharge issued on 2 December 1962. that his naval record be...

  • NAVY | BCNR | CY2009 | 02964-09

    Original file (02964-09.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, 4 former member of the Marine Corps, filed enclosure (1) with this Board requesting that he be issued a Certificate of Discharge or Release from Active Duty (DD Form 214) with a general characterization of service. He was also convicted by summary court-martial of a 27 day period of UA. That Petitioner’s naval record be corrected to show that he was issued a DD Form 214 and a general discharge on 23 August 1999. b.