DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 5249-08
11 February 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD ORM
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 Messrs , and aaa
reviewed Petitioner's allegations of error an injustice on 10
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 it appears that enclosure (1) 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. Petitioner enlisted in the Marine Corps on 21 February
1986 at age 17 and began a period of active duty on 8 December
1986.
dad. Petitioner served without disciplinary incident. However,
her record does reflect that she received counselling regarding
her overall military appearance and performance due to her weight
control failure. In this regard, the record reflects that during
the period from 20 August 1989 to 5 November 1991 Petitioner
failed to meet the required weight standards on three occasions.
e. On 13 November 1991 Petitioner was notified of pending
administrative separation action by reason of convenience of the
government due to unsatisfactory performance as evidenced by her
failure to conform to weight standards.
f. Subsequently, Petitioner’s commanding officer recommended
she be issued a general discharge by reason of convenience of the
government. This recommendation stated, in part, that she was
using her weight control failures as a means to void her contract
and avoid overseas assignment. On 10 January 1992 the discharge
authority approved this recommendation and directed discharge
under honorable conditions.
g. On 26 February 1992 Petitioner received a general
discharge by reason of convenience of the government as evidenced
by her unsatisfactory performance.
h. At the time of Petitioner’s discharge her conduct and
proficiency averages were 4.4 and 4.5, respectively. Character
of service was based on conduct and proficiency averages which
were computed from marks assigned during periodic evaluations.
Petitioner’s conduct average of 4.4 was more than sufficiently
high enough to warrant 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 favorable
action.
The Board's decision is based on Petitioner's overall
satisfactory service as shown by her serving without disciplinary
incident, and her conduct and proficiency averages. The Board
especially notes that Petitioner's conduct and proficiency
averages exceeded 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 as such recharacterization to a fully honorable
discharge 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 issued an honorable discharge on 26 February 1992 vice
the general discharge actually issued 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 30 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 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 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.
Fo—W. DEAN PFEIFFER
Executive Director
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