DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 13447-09
5 April 2010
Chairman, Board for Correction of Naval Records
From:
To: Secretary of the Navy
REVIEW OF NAVAL RE
Ref: (a).10 U.S.C, 1552
Enel: (1) DD Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a}, Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that his naval record be
corrected to show that he received an honorable discharge vice
and uncharacterized entry level separation. ;
*
2. The Board, consisting of Messrs. “nee: , MAN 27d.
aia reviewed Petitioner's allegations of error and
March 2010 and, pursuant to its regulations,
tive action indicated below should be
injustice on 25
determined that the correc
taken on the available evidence of record. Documentary material
wed all the facts of record
3. The Board, having revie
— error and injustice
pertaining to Petitioner's allegations 0
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. Enclosure (1) was filed in a timely manner.
c¢. Petitioner served on active duty from 30 March to 30
August 2009, a period of 5 months and 1 day, when he was
released from active duty and transferred to the Temporary
Disability Retired List because of the residual effects of an
injury which was classified as “combat-related” by the Physical
Evaluation Board..
ad. The Marine Corps Separation and Retirement Manual
(MARCORSEPMAN), paragraph 1004.5, provides, in effect, that when
separation is initiated while a member is in entry level status
an uncharacterized description or service will be applied,
except when characterization of under other than honorable
conditions is authorized and warranted, or characterization of
honorable is clearly warranted and approved on a case by case
basis by the Secretary. Honorable characterization will be
considered when the member is separated by reason of selected
changes in service obligation, Convenience of the Government,
disability, or Secretarial plenary authority.
e. Petitioner contends, in effect, that he has had difficulty
in obtaining certain benefits administered by the Department of
Veterans Affairs because his service was not characterized
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board could not determine whether or not a characterized
separation was considered in this case, as required by the
provisions of the MARCORSEPMAN cited above. The Board concludes
that it would be in the interest of justice to correct
Petitioner’s record to show that his service was characterized
as honorable. Accordingly, it finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
his service was characterized as honorable when he was release
from active duty on 30 August 2009.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
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.
ROBERT D. ZSALMAN yo ICIOs
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.
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