Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 03947-09
Original file (03947-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TUIUR
Docket No: 3947- oe
4 March 2010

From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy

 

Subj: REVIEW NAVAL RECORD OF 3 a
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 his other
than honorable discharge be changed and that his record be
corrected to reflect the time he served on active duty.

2. The Board, consisting of Messrs .4qQiMMg:, eMRes | and ai

reviewed Petitioner's allegations of error and injustice on

March 2010 and, pursuant to its regulations, determined chat 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 it appears that enclosure (1) was not. filed in a
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 14 August 1975
in the Delayed Entry Program at age 19. On 2 December 1975 he
began a four-year period of active duty.
ad. During Petitioner's period of service he received
nonjudicial punishment (NJP) for a seven day period of
unauthorized absence (UA) and was awarded a $400 forfeiture of
pay and reduction to paygrade E-2.

e. On 1 August 1978 Petitioner began another period of UA.
As a result, he was subsequently processed for an administrative
separation by reason of misconduct due his absence without leave.
In this regard, this UA terminated his period of service on
active duty.

f. The record reflects that during the period from 15 August
1983 to 1 February 1984 administrative processing had been
initiated, but was not completed. The record further reflects
that Petitioner was not made aware of the foregoing action. In
this regard, there is no available information to explain the
five-year gap from 1 August 1978 (initial administrative
discharging processing) to 15 August 1983 (subsequent
administrative discharge processing) .

g. Petitioner's record contains an enlisted performance
record (page 9) that reflects that he served on active duty from
2 December 1975 to 1 August 1978, a period of two years, 11
months, and 30 days.

h. In Petitioner's application, he states, in part, that his
Certificate of Discharge or Release from Active Duty (DD Form
214) does not reflect the time he served on active duty.

CONCLUSION:

Upon review and consideration of all the evidence of record, the
Board concludes that Pebleloner" s request warrants partial
favorable action.

The Board notes the nature of Petitioner's misconduct and does
not condone his infractions. However, the Board's finding is
based on his record of service for two years, seven months, and
30 days as depicted by the entries on his enlisted performance
record. The Board concludes that although he should be credited
for the time he served, because he began a indefinite period of
UA and was presumably discharged in absentia, the
characterization of his service should remain as under other than
honorable conditions. Based on the foregoing, and considering
the fact that he has suffered the consequences of not having a
viable DD Form 214 which reflects his time served in the Marine
Corps, the Board concludes that the issuance of a corrected DD
Form 214 is appropriate at this time.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following partial corrective action.

RECOMMENDATION :

a. That Petitioner's naval record be corrected as follows,
and that he be issued a corrected DD Form 214:

{1) Correct the DD Form 214, block 12.b to reflect that
Petitioner was discharged on 1 August 1978 vice 1 February 1984.

(2) Correct the DD Form 214, block 12.c. to reflect that
Petitioner served on active duty for 2 years, 11 months, and 30
days.

(3) Correct the DD Form 214, block 12.h. to reflect the
effective date of paygrade as 13 July 1978.

(4) Correct the DD Form 214, block 23. to reflect that
Petitioner was discharged, in absentia.

(5) Correct the DD Form 214, block 28. to reflect that
Petitioner was discharged by reason of misconduct due to
unauthorized absence.

(6) Correct the DD Form 214, block 29. to reflect a period
of lost time from 5-12 July 1978.

b. That no further relief be granted.

c. That only the material inconsistent with or relating to
the Board's recommendation regarding the corrected DD Form 214,
be removed from Petitioner’s record. Further, that any material
directed to be removed from Petitioner’s record be returned to
the Board, together with a copy of this Report of Proceedings.

d. That a copy of this Report of Proceedings be filed in .
Petitioner's naval record.

e. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board

on 17 April 2009.
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.

arp ). Anoop
ROBERT D. ZSALMAN BRIAN GEORG

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.

LD Deen.
Rk

 
    
 

-W. DEAN PFE
Executive Ds

Similar Decisions

  • NAVY | BCNR | CY2014 | NR6610 14_Redacted

    Original file (NR6610 14_Redacted.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 ES Docket No: 6610-14 29 July 2015 From: Chairman, Board for Correction of Naval Records LO Secretary of the Navy ef: (a) 10 U.S.C. elie: sountcting ot reviewed Petitioner's allegations of error and injustice on 10 July 2015 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. ...

  • NAVY | BCNR | CY2011 | 00267-11

    Original file (00267-11.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 SIN Docket No: 00267-11 30 January 2012 From: -Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: . REVIEW OF NAVAL RECORD (i Ref: (a) 10 U.S.C. That Petitioner's naval record be corrected to show that on 10 November 1982 he was issued a general discharge vice the OTH discharge, now of record.

  • NAVY | BCNR | CY2009 | 04594-09

    Original file (04594-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2010. On 20 June 1983, you were convicted by SPCM of a four year and eight month period of UA from your unit. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

  • NAVY | BCNR | CY2006 | 08595-06

    Original file (08595-06.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 July 2007. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and...

  • NAVY | BCNR | CY2001 | 04465-01

    Original file (04465-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 November 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. The record does not indicate if any disciplinary action was taken for this period of UA. good post service conduct, and your However, the Board concluded these...

  • NAVY | BCNR | CY2009 | 02430-09

    Original file (02430-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Navel Records, sitting in executive session, considered your ’ application .on 12 January 2010. On 22 January 1981, your commanding officer forwarded your case to the discharge authority recommending an other than honorable discharge. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

  • NAVY | BCNR | CY2002 | 09911-02

    Original file (09911-02.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR C O R R E C T I O N O F N A V A L RECORDS 2 NAVY ANNEX W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0 FC Docket No: 09911-02 21 April 2003 From: To: Chairman, Board for Correction of Naval Records Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, applied to this Board requesting, in effect, recharcterization of his discharge under other than...

  • NAVY | BCNR | CY2008 | 08609-08

    Original file (08609-08.pdf) Auto-classification: Approved

    TUR Docket No: 8609-08 7 August 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF & -Ref: (a} 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting a change of his narrative reason for separation and reenlistment code, and that his record reflect that he was advanced to the next higher grade. The discharge authority...

  • NAVY | BCNR | CY2007 | 06693-07

    Original file (06693-07.rtf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SJNDocket No: 06693-07 2 June 2008From: Chairman, Board for Correction of Naval Records To: Secretary of the NavySubj REVIEW OF N VAL RECORD OFRef: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change to his RE-4 reenlistment code.2 The Board consisting of reviewed Petitioner’s...

  • NAVY | BCNR | CY2009 | 09822-09

    Original file (09822-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SIN Docket No: 09822-09 19 April 2010 From: Chairman, Board for Correction of Naval Records Tos Secretary of the Navy Subj}: REVIEW OF NAVAL RECORD or 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Navy, filed enclosure (1) with this Board requesting, in effect, that his void enlistment of 6 October 1978 be changed. That...