DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 8907-08
2 April 2009
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
REVIEW OF NAVAL RECORD OF (eeaebiaiins
-
Ref: (a) Title 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 Reserve, filed an
application with this Board requesting that his general discharge
be recharacterized to an honorable discharge.
2. The Board, consisting of Mr. ellie RRM 20 Ms.
“gaiimtiie, ceviewed Petitioner's allegations of error and
injustice on 24 March 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 Petitioner's application was
not filed in a timely manner, it is in the interest of justice to
waive the statute of limitations and consider the application on
its merits.
c. Petitioner enlisted in the Marine Corps Reserve on 13
July 1963 at age 19. In October 1963 he reported for an initial
period of active duty for training and served until he was
released from active duty on 4 April 1964 with an honorable
characterization of service. On 9 July 1964 he was admitted to
the hospital after he suffered a severed tendon in his right
thumb. On 31 July and 16 September 1964 he was assigned marks of
3.5 in proficiency and conduct. He was then transferred to
inactive status on 1/7 September 1964. On 18 Auyust 1965 the
Bureau of Medicine and Surgery found him not physically qualified
For continued service due to tne loss of funetion in Lhe right
thumb of his dominant hand. On 29 October 1965 he received a
general discharge.
da. Petitioner received a general discharge because the
assignment of 3.5 marks on two occasions reduced his average mark
in conduct to 3.9. A 4.0 average was required for 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 notes that he was assigned 3.5 marks on two
occasions within about six weeks and believes that this probably
occurred because he was unable to participate in reserve
activities because of his injury. Even if a 3.5 mark could be
justified, two of those marks within about six weeks was
considered to be excessive. Given the circumstances, the Board
believes that no useful purpose is now served by the general
discharge and it should be recharacterized to an honorable
discharge.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reasons for the change in the
characterization of his service.
RECOMMENDATION:
a. That Petitioner's record be corrected to show that on 29
October 1965 he was issued an honorable discharge certificate
vice the general discharge now of record.
b. That this Report of Proceedings be filed in Petitioner's
naval record.
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 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.
W. DEAN PFI
Executive
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