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
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