DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUJR
Docket No: 11354-07
19 November 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF Wi
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 that the characterization of her
discharge be changed.
2. The Board, consisting of Mr. (mp Mc. Shi, and Ms.
WH ceviewed Petitioner's allegations of error and injustice on
18 November 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 pertenning
to Petitioner's allegations of error and injustice finds as
Eollows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Marine Corps on 29 July 2002 at
age 18 and served for a year and five months without disciplinary
incident. However, on 9 December 2003, Petitioner received
nonjudicial punishment (NJP) for absence from her appointed place
of duty and making a false official statement.
d. Petitioner's record reflects that, although eligible, on
11 May 2005 and again on 18 July 2006, she was not recommended
for promotion due to not being ready for increased responsibility
and immaturity.
e. On 28 July 2006 Petitioner, upon completion of her
required active service, was released from active duty under
honorable conditions.
f. At the time of her release Petitioner’s conduct and
proficiency averages were 4.0 and 4.2, respectively. In this
regard, character of service was based on conduct and proficiency
averages which were computed from marks assigned during periodic
evaluations. Petitioner’s conduct average of 4.0 was
sufficiently high enough to warrant a fully honorable
characterization of service, and her proficiency average of 4.2
exceeded the required 3.0 average.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes and does not condone Petitioner’s misconduct
which resulted in NUP. However, its decision is based on
Petitioner's overall satisfactory service as shown by her conduct
and proficiency averages. The Board especially notes that
Petitioner's conduct and proficiency averages met the
requirements for a fully honorable characterization of service.
Based on the foregoing, the Board concludes that no useful
purpose is served by continuing to characterize Petitioner's
service as having been less than fully honorable, and
recharacterization to a fully honorable release from active duty
is appropriate.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
she was honorably released from active duty on 28 July 2006 vice
released under honorable conditions on that day.
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 21 December 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.VGEORGE
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.
Lees
W.
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