Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 00631-10
Original file (00631-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

 

WASHINGTON DC 20370-5100

BAN
Docket No: 00631-10
27 October 2010

From: Chairman, Board for Correction of Naval Records

 

 

To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD OF FORMER Qs
ei nae

Ref: (a) 10 U.S.C. 1552

Enel: (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 Marine Corps, filed enclosure (1)
with this Board requesting that her general characterization of
service issued on 25 October 1991, be changed to an honorable
discharge.

2. ThegBoard, consisting of Mr. GE 2nd Mses PF and

Gag veviewed Petitioner's allegations of error and injustice
on 21 October 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 ina
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.

c. Petitioner entered active duty in the Marine Corps on 26
November 1990. During her period of service, she was identified
as a candidate for the weight control program. She received no
disciplinary action during her time on active duty and received
an average of 4.3 in proficiency and 4.3 in conduct. She was
separated on 25 October 1991 with a general discharge and an RE-
3P reenlistment code for failure to conform to weight standards.
Characterization is based in part on proficiency and conduct
marks assigned on a periodic basis. A proficiency and conduct
mark average of 3.0/4.0, respectively, is required for a fully
honorable discharge.

 

d. In Petitioner's application, she states that at the time

of her discharge she was unaware that the type of discharge she
received would restrict her from joining the Air Force Reserve.

She is currently trying to enlist in the Air Force Reserve and is
unable to do so with a general discharge.

CONCLUSION: %

é
¥,

Upon review and consideration of all the evidence of record, the

Board concludes that Petitioner's request warrants favorable
action.

The Board notes the nature of Petitioner's proficiency and
conduct mark average of 4.3/4.3 which warrants an honorable
discharge and the fact she had no disciplinary action. Based on
the foregoing, the Board concludes that no useful purpose is
served by continuing to characterize her service as a general
characterization of service and recharacterization to 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
she was issued an honorable discharge on 25 October 1991 vice a
general discharge on the same day.

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. 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 BRIAN 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.

LY Qua S ,
W. DEAN PFE
By directio

Similar Decisions

  • NAVY | BCNR | CY2008 | 05249-08

    Original file (05249-08.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TUR Docket No: 5249-08 11 February 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD ORM Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that the characterization of her discharge be changed. Based on the...

  • NAVY | BCNR | CY2006 | 11221-06

    Original file (11221-06.rtf) Auto-classification: Approved

    The reenlistment code was properly assigned and was based on his overall service record.A review of his service record indicates that he was counseled concerning failure to be at his appointed place of duty; drunk driving; underage drinking; breaking restrictions; disobedience of orders; not being recommended for promotion; failure to comply with current Marine Corps weight standards; and3poor performance while assigned to the Battalion weight control program. The service record entry dated...

  • NAVY | BCNR | CY2010 | 01685-10

    Original file (01685-10.pdf) Auto-classification: Approved

    Before applying to this Board, Petitioner exhausted all administrative remedies which were available under existing law and regulations within the Department of the Navy. CONCLUSION: Upon reviq@w and consideration of all the evidence of record, the Board finds the existence of an error and 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 proficiency and conduct...

  • NAVY | BCNR | CY2011 | 03308-11

    Original file (03308-11.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that the characterization of his general discharge be changed. The Board, consisting of Messrs. Exnicios, Hess, and Pfeiffer, reviewed Petitioner's allegations of error and injustice on 18 January 2012 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. ...

  • NAVY | BCNR | CY2005 | 00626-05

    Original file (00626-05.doc) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TJR Docket No: 626-05 24 October 2005 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL OF ~ Ref: (a) 10 U.S.C. Shortly after the conviction by SPCM, on 31 July 1960, Petitioner received adverse marks of 1.0 and 3.4 in conduct and proficiency, respectively. In view of the foregoing, the Board finds the existence of an injustice warranting...

  • NAVY | BCNR | CY2013 | NR2851 13

    Original file (NR2851 13.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting an upgrade of his general characterization of service received on 15 November 1996. The Board, consisting of Mr. Grover, Ms. Aldrich, and Mr. Zsalman, reviewed Petitioner's allegations of error and injustice on 8 April 2014 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available...

  • NAVY | BCNR | CY2010 | 06278-10

    Original file (06278-10.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a Former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that the general characterization of his discharge of 28 October 1993 be changed. On 19 October 1993 the discharge authority directed separation with a characterization of service warranted by the service record. The Board's finding is based on his length of service and periodic conduct marks.

  • NAVY | BCNR | CY2001 | 06260-99

    Original file (06260-99.pdf) Auto-classification: Approved

    1552 (1) DD Form 149 w/attachments _ (2) Case Summary (3) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the United States Marine Corps filed enclosure (1) with this Board requesting a better characterization of service than the general discharge issued on 26 May 1983. considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies. was being...

  • NAVY | BCNR | CY2001 | 05430-99

    Original file (05430-99.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAV BOARD FOR CORRECTION OF NAVAL RECORDS Y 2 NAVY ANNEX WASHINGTON DC 203704100 TRG Docket No: 7 July 2000 5430-99 Chairman, Board for Correction of Naval Records Secretary of the Navy RECORD OF (a) Title 10 U.S.C. Petitioner enlisted in the Marine Corps on 6 June 1973 She then served without any disciplinary actions at age 18. until her discharge. She was issued a general discharge on 30 i' Character of service when an individual is discharged due to pregnancy is based,...

  • NAVY | BCNR | CY2008 | 08609-08

    Original file (08609-08.pdf) Auto-classification: Approved

    TUR Docket No: 8609-08 7 August 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF & -Ref: (a} 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting a change of his narrative reason for separation and reenlistment code, and that his record reflect that he was advanced to the next higher grade. The discharge authority...