DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4949-08
20 February 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF EX-@§
USMC,
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 characterization of service vice
the general characterization of service that he received on 20
July 1964, when he was released from active duty.
2. The Board, consisting of Mr. «geil, Me and Mr. eames,
reviewed Petitioner's allegations of error and injustice on
19 February 2009, 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 21 July 1960, Petitioner enlisted in the Marine Corps
at age 18. At that time, he had completed twelve years of
education and attained average scores on entrance tests. He
subsequently reported to The Basic School at Quantico,
Virginia, for duty as a weapons repairman. On 1 June 1961, he
had nonjudicial punishment (NIP) for exceeding the speed limit
on a company street. On 26 April 1962, he was promoted to pay
grade E-3. 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 repairman. During the period 14 May to
30 October 1963, he had NUP on three occasions and a suspended
punishment vacated. His offenses included drunk and disorderly
conduct, resisting apprehension, conduct bringing discredit
upon the armed forces, breaking restriction, and being out of
uniform when signing in at 2120 hours. On 31 October 1963, he
had NUP, but it was removed as well as the suspended punishment
that was vacated on 2 November 1963. On 2 November 1963, he
had NUP for failure to go to his appointed place of duty.
e. The record shows that during November 1963, Petitioner
wrote a letter to a congressman in which he stated in essence
that he was being harassed at his command, had requested mast,
spent ten days in confinement as a result of a summary court -
martial that was later thrown out due to errors, and had also
spoken with his sergeant major requesting to be transferred in
order to have an opportunity to earn higher proficiency and
conduct marks. On 6 January and 22 April 1964, he had NJP for
a seven minute period of unauthorized absence, two instances of
disrespect to noncommissioned officers, and disobedience of a
lawful order by not turning his radio off and continuing to
talk. On 12 May 1964, he departed Okinawa and reported to a
stateside duty station on 11 July 1964, to await separation.
On 20 July 1964, he was released from active duty under
honorable conditions due to the expiration of his enlistment.
At that time his proficiency and conduct mark averages were 4.0
and 3.7, respectively. On 20 July 1966, he was separated with
a general discharge due to the expiration of his obligated
service.
f. Petitioner states that he was issued a general discharge
because of low proficiency and conduct marks, and requests an
honorable discharge.
g. Regulations authorize issuance of a general
characterization of service for members who are released from
active duty due to the expiration of their enlistment, and
their proficiency and conduct marks averages are less than 3.8
and 4.0, respectively.
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board concludes that Petitioner's request warrants relief.
Specifically, the Board finds that his general characterization
of service met the requirements established by regulations, but
finds that his proficiency and conduct mark averages were both
School in Quantico, Virginia. The Board also finds that
although he had six NJP's after he reported to Okinawa, his
offenses were relatively minor as evidenced by NUP's that he
had for a seven minute period of UA, being out of uniform when
signing in at night for restriction, and failure to turn of £
his radio and stop talking. The Board also considers his
letter that he wrote to a congressman during November 1963, and
finds that his proficiency mark average exceeded the
requirement for an honorable characterization of service.
Therefore, aS a matter of clemency, the Board concludes that
his release from active duty and subsequent discharge should be
changed to honorable.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was honorably released from active duty on 20 July 1964,
vice being released from active duty under honorable conditions
on that date.
b. That Petitioner's naval record be further corrected to
show that he was honorably discharged due to the expiration of
his obligated service on 20 July 1966, vice receiving the
general discharge on that date.
c. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
d. That upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the
Board on 20 May 2008.
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 \ GEORGE
Recorder Acting Recorder
3
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.
vont
Executive Dheector
7
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