DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 00438-10
21 September 2010
From: Chairman, Board for Correction of Naval Records
Te Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ieee,
Ref: (a) 10: ULS.€. 1582
Encl: (1) Case Summary
(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 an honorable discharge vice the general characterization of
service issued on 28 February 1973.
2. The Board, consisting of Messers. = a ond i
reviewed Petitioner’s allegations of e nd injustice on 14 September
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. Petitioner enlisted in the Navy on 18 November 1969. Following
basic training and during his service aboard the USS INDEPENDENCE, he was
awarded a Meritorious Unit Commendation, .and the National Defense Service
Medal.
G@: (On 15 April 1971, while stationed aboard the USS INDEPENDENCE,
Petitioner received nonjudicial punishment (NUP) for an unauthorized
absence (UA) of six days. At this time, he requested, through his chain
of command, a humanitarian reassignment to Orlando, Florida, to assist
taking care of his parents and his siblings, both financially and
physically. His division officer and commanding officer gave a favorable
recommendation endorsing his request. However, in January 1972, the
Enlisted Personnel Distribution Office, U.S. Atlantic Fleet, in Norfolk,
Virginia, did not endorse the humanitarian discharge,
Docket: 00438-10
but rather, recommended a hardship discharge. On 10 February 1972, his
request was disapproved by the Chief of Naval Personnel.
d. On 18 February 1973, Petitioner was separated due to the
convenience of the government because of his personal and financial
difficulties, and received a general discharge and an RE-4 reenlistment
code. His overall trait average was 3.39, which is insufficient for an
honorable characterization of service.
CONCLUSION
Upon review and consideration of all the evidence of record, the Board
concludes that Petitioner’s request warrants favorable action. Although
the Board does not condone any infraction, and even though his overall
trait average was 3.39, warranting a general discharge, his low final
average was only due to his six-day UA to take care of his family. The
Board also notes that his division officer believed he was an excellent
worker and Sailor, and supported his request for a hardship discharge.
Therefore, the Board concludes that the discharge should now be upgraded
from a general characterization of service to an honorable discharge.
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, as
follows:
a. That Petitioner's naval record be corrected to show that he
received an honorable discharge vice a general characterization of
service on 28 February 1973.
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.
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(¢)) it is certified that 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 BRIAN ye
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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