DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ech
Docket No. 04971-09
27 October 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: . REVIEW OF NAVAL RECORD OF FORMER aaa IROOmees
Ref: (a} 10 U.S.C. 1552
Encl: (1) Subject's naval record
(2) NDRB decision dtd 27 February 2008
1. Pursuant to the provisions of reference (a), Petitioner,
applied to this Board requesting that her discharge be upgraded.
2. The Board, consisting of Mses. Bailinger, McCormick and Mr.
Delorier, reviewed Petitioner's allegations of error and
injustice on 20 October 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. Petitioner's application to the Board was filed ina
timely manner.
c. Petitioner was separated from the Marine Corps Reserve on
5 November 1999 with an other than honorable discharge (OTH) due
to her failure to participate in required drills. Enclosure (2)
is a decision of the Navy Discharge Review Board (NDRB) and sets
forth the pertinent facts of Petitioner’s case. ~
d. By a vote of 3 to 2 NDRB voted to deny Petitioner’s
request for a change of her discharge. The dissenting members
recommended that Petitioner’s discharge be upgrade to general.
Their rationale was as follows:
The Applicant had credible, trouble free, and
continuous drilling service from January 1996 until
April 1998. Only after a well documented family
medical situation occurred to the Applicant's mother
did her service commitment begin to suffer. This
Applicant did not simply run away from her military
responsibilities while handling her family’s
emergency. There is evidence and personal testimony
that she tried to work with the drilling unit to
uphold her military commitment. This even after
quitting college and starting two fulltime jobs in
order to help pay expenses for her mother’s medical
care. Her situation was exacerbated by the fact that
she was the only individual, out of two working adult
siblings and a father, who was financially
contributing to this family emergency. There is no
evidence, based on past drilling participation, or
doubt that had this Applicant not had this family
emergency to shoulder alone, she would have completed
her contract with the government in a honorable ,
manner. Additionally, her post-service is quite good.
She has committed herself to the field of critical
care nursing and is active in her local veteran's
organizations. Her service, mitigating circumstances,
and post service selflessness deserve of an upgrade to
the characterization of service as general (under
honorable conditions).
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concluded that Petitioner’s request warrants partial
relief. Specifically the Board concurs with the recommendation
of relief of the two dissenting NDRB members that the interests
of justice would be better served by upgrading Petitioner’s
discharge to general under honorable conditions as a matter of
clemency. However in view of the fact that she was not excused
or legally justified in missing her assigned drills her request
for an honorable discharge should be denied.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that on
15 January 1999 she received a general discharge in lieu of the
other than honorable discharge actually issued on that date.
b. That Petitioner’s request for an honorable discharge be
denied.
c. That upon request, the Department of Veterans’ Affairs be
informed that Petitioner's request was received by the Board on
B May 2009.
d. That a copy of 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.
Th, fo
ROBERT D. ALMAN BRIAN J. GEHORGE
Recorder Acting Recorder
>. 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 ensured compliance with its provisions, it
is hereby announced that the foregoing corrective action, taken
under the provisions of reference (a), has been approved by the
Board on behalf of the Secretary of the Navy.
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