DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 12659-09
30 August 2010
From: Chairman, Board for Correction of Naval Records
Te Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 24 Nov 09
(2) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by changing the
characterization of his general discharge assigned on 11
October 1974 be upgraded to a fully honorable discharge.
2. The Board, consisting of Messrs > SP and ga
reviewed allegations of error and injustice on 24 August 2010,
and pursuant to its regulations, determined that relief should
be granted. 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 which were available under existing law
and regulations within the Department of the Navy.
b. Petitioner entered active duty in the Navy on 19 July
1972. He was not the subject of any disciplinary action during
his term of active duty. However, his record does include an
unauthorized absence of 11 hours for which no action was taken.
On 25 October 1973, he requested a hardship discharge due to
marital problems, which was denied. On 11 October 1974, he
received a general characterization of service for the
convenience of the government, and was assigned an RE-4 (not
recommended for retention) reenlistment code.
c. Characterization of service is based in part on conduct
marks assigned on a periodic basis. Petitioner’s conduct
average was 3.1. A 3.0 average was required for a fully
honorable discharge.
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board finds the existence 6f an injustice warranting
upgrading Petitioner’s general discharge to an honorable
characterization of service. The Board particularly notes that
he had no disciplinary action and his conduct mark average was
sufficiently high to warrant an honorable discharge. In view
of the above, the Board directs the following corrective
action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show
that on 11 October 1974, he was issued an honorable discharge,
vice the general characterization of service on the same date.
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.
ec. 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 informed
that he applied to this Board on 24 November 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.
S \
ROBERT D. ZSALMAN BRIAN J. YGEORGE
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.
Executive Dinettpr
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