DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 7397-07
12 May 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
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps, applied to this
Board requesting an honorable discharge vice the general
discharge that was issued on 1 October 1981.
2. The Board, consisting of Mr ~<}—/iiiine Mr. Wy and
Maggio, -eviewed Petitioner's allegations of error and
injustice on 7 May 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 Petitioner’s application was not filed ina
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its
merits.
c. On 2 October 1978, Petitioner enlisted in the Marine
Corps at age 18 and served without incident for more than 15
months. On 30 January 1980, he hada nonjudicial punishment
(NUP) for use of marijuana. He then served without incident
for the remainder of his enlistment and was awarded the Good
Conduct Medal (GCM). On 1 October 1981, he received a general
discharge at the expiration of his enlistment.
d. Petitioner states that his proficiency marks were always
high because he was a good Marine, but he received a low
conduct mark when he had NUP which resulted in his general
discharge. With his application, he provided letters of
recommendation attesting to his character.
e. Characterization of service is determined, in part, by
overall proficiency and conduct mark averages computed from
marks assigned on a periodic basis. Averages of 3.0 in
proficiency and 4.0 in conduct were required for a fully
honorable characterization of service. Petitioner's final
proficiency and conduct mark averages were 4.2 and 3.8,
respectively. He had seven conduct marking occasions, which
included a 1.9 mark assigned at the time he had NJP. His
conduct mark average is 4.1 if the 1.9 mark is excluded.
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board concludes that Petitioner's request warrants
favorable action. Specifically, the Board is aware that his
characterization of service was properly assigned.
Nevertheless, the Board finds that with the exception of one
NJP, Petitioner served without incident and was awarded the
GCM. The Board further finds that his proficiency average
exceeded the requirement for an honorable characterization of
service and with the exception of the 1.9 conduct mark that he
received when he had NUP, his conduct marks were otherwise
Satisfactory. Therefore, as a matter of clemency, the Board
concludes that his discharge should be changed to honorable.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was separated with an honorable discharge on 1 October 1981,
vice the general discharge 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 by the
Board on 15 August 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. ror} Hang,
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.
(RR FO
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