DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 11623-09
6 August 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
subj __———w RECORD {i
Ref: (a) 10 U.8.0. 1582
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 United States
Marine Corps, filed enclosure (1) with this Board
requesting, in effect, that the characterization of his
general discharge of 28 April 1971 be changed.
>. The Board, consisting of Mr. = Mr’. > and
Mr. banc reviewed Petitioner's allegations of r and
injustice on 4 August 2010 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
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 3 June
1970, at the age of 18. However, during the course of his
military training, it was determined that he did not meet
the physical standards by reason of being underweight and
was processed for a physical disability without severance
pay discharge and received a general characterization.
While in school, he had a 21 day period of unauthorized
absence (UA). However, no punishment is in his record.
d. Under current standards, and those prevailing at the
time of Petitioner’s discharge, this type of separation
required that the character of service be based upon the
member's military record. However, due to the fact that he
was still undergoing recruit training, he received no
marks.
CONCLUSION:
Upon review and consideration of all the evidence of
record, the Board concludes that Petitioner's request
warrants favorable action. The Board notes his honorable
intentions and patriotism to his country. Accordingly, the
Board concludes that, as a matter of equity, relief in the
form of an 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 he was honorably discharged on 28 April 1971 vice
receiving a general characterization of service the same
day.
b. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected,
removed, or completely expunged from Petitioner's record
and that no such entries or material be added to the record
in the future.
c. That any material directed to be removed from
Petitioner's naval record be returned to the Board,
together with a copy of this Report of Proceedings, for
retention in a confidential file maintained for such
purpose, with no cross reference being made a part of
Petitioner's naval record.
d. That the Department of Veterans Affairs be notified
that Petitioner applied to this Board on 24 October 2009.
4. Pursuant to Section 6(c) of the revised Procedures of
the Board for Correction of Naval Records (32 Code of
Federal Regulations, Section 723.6(c)) 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.
Boson )) Aamge
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.
\s |
W. DEAN F
By directio
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