DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 02645-08
15 June 2009
From: Chairman, Board for Correction of Naval Records
To: ° Secretary of the Navy
Subj: FORMER "i sah
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1} DD Form 149 ;
(2) Subject's naval record :
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that his naval record be
corrected to show that he was discharged by reason of physical
disability vice by reason of misconduct with a di sebarge under
other than honorable conditions.
2. The Board, consisting of Messrs. es Boca a ae
| Uae Keviewed Petitioner's allegations of error. and injustice
on 26 March 2009 and, pursuant to its regulations, determined
that the partial 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,
the Board determined that it would be in the interest of justice
to consider the application on the merits.
c. Petitioner was placed in a temporary not physically
qualified (TNPQ) status on 25 August 1995 due to a non-service
related wrist injury. On 3 May 1996, the Inspector-Instructor
of his Marine Corps Reserve unit requested that a determination
be made as to his physical fitness for retention in the Marine
Corps Reserve because of his wrist condition which required him
to wear a wrist brace. The available records do not show the
disposition of that request. Approximately thirty-four months
later, on 17 March 1999, he was removed from TNPQ status because
of his failure to provide required medical documentation. On 27
October 1999, he was’ advised by letter that he had been reduced
to private first class because of his unsatisfactory
participation and/or performance of reserve training. On 6 June
2000, he was discharged from the Marine Corps Reserve with a
discharge under other than honorable conditions by reason of
unsatisfactory performance of duty due to his failure to attend
required training.
d. Petitioner contends, in effect, that he was excused from
attending drills with his reserve unit as a result of a wrist
injury. As time went on, and he was unsuccessful is contacting
responsible unit medical personnel, he assumed that he had been
medically discharged. Several years later he learned that he
was being discharged for failing to attend drills, rather than
as a result of his injury.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that proper procedures may not have been
followed by Petitioner’s reserve unit, as a result of which he
was believed that he was no longer required to perform reserve
training, and later that he had been discharged for medical
reasons. In this regard, the Board notes that there is a
lengthy gap in the available records between the date on which a
determination of his fitness was requested and the date of his
removal from a TNPQ status. While Petitioner has not
established that he was unfit for duty by reason of physical
disability or not physically qualified for further service in
the Marine Corps Reserve on the date of his discharge, or that
he took all necessary steps to determine his status and
responsibility to perform training, it would be in the interest
of justice as a matter of clemency to correct his record to show
that he was discharged under honorable conditions by reason of
Secretarial Authority.
In view of the foregoing, the Board finds an injustice
warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was discharged from the Marine Corps Reserve on 6 June 2000
by reason of Secretarial Authority, with a general discharge,
vice misconduct with a discharge under other than honorable
conditions.
b. That so much of Petitioner's request for correction of his
naval record as exceeds the foregoing be denied.
c. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) 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 ES “ (E NICIOS
Recorder ecting 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 Regulations, 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.
\Wons
W. DEAN PFE
Executive Dil
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