DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 1428-10
18 January 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a} 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary with advisory opinion
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former member of the Navy Reserve, filed enclosure (1) with this
Board requesting that her record be corrected to reflect
recharacterization of her other than honorable discharge of 2 May
1989,
2. The Board, consisting of Messrs. Bourgeois, Butherus, and
Sproul, reviewed Petitioner's allegations of error and injustice
on 11 January 2011 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. In addition, the
Board considered the advisory opinion furnished by the Navy
Persouuel Command (Code Prue012), cated 13 December 2012, a copy
of which is attached to enclosure (2).
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 enclosure (1) was not filed in a timely manner,
it ig in the interest of justice to waive the statue of
limitations and review the application on its merits.
é
c. Petitioner enlisted in the Navy and began a period of
active duty on 26 September 1985. On 29 January 1986 she was
honorably released from active duty and transferred to the Navy
Reserve upon the expiration of her term of active obligated
service.
d. On 30 January 1986, Petitioner was recalled to active duty
in the Ready Reserve. It appears that she served without
disciplinary incident. However, it also appears that she failed
to satisfactorily participate in the Ready Reserve. As such, she
was processed for an administrative separation under other than
honorable conditions by reason of unsatisfactory participation.
Nevertheless, on 2 May 1989, she was erroneously issued a Record
of Discharge from the U. S. Naval Reserve (Inactive) ({NAVPERS
1070/615) which reflected a characterization of service as
“honorable.”
e. In an advisory opinion from PERS-913 it was noted that the
record contained several administrative errors, and that although
Petitioner's record reflected contradictory information regarding
the characterization of her service, her request for an upgrade
was warranted. In this regard, the advisory opinion stated, in
part, as follows:
Gervicemembers currently being separated by reason of
unsatisfactory participation shall receive a characterization
of separation of as either honorable or general under
honorable conditions. Servicemembers currently being
separated for unsatisfactory participation “typically” receive
a characterization of discharge of general under honorable
conditions.
4
Given the lack of documentation substantiating superior
performance, PERS-913 is unable to support an honorable
characterization of service for separation.
CONCLUSION :
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board substantially concurs with the
comments and recommendations contained in the advisory opinion.
Specifically, the Board concludes that her record should be
corrected to reflect that she was administratively separated with
a general under honorable conditions characterization of service.
Based on the foregoing the Board concludes that no useful purpose
is served by continuing to show that Petitioner was processed for
separation under other than honorable conditions, and as such
finds the existence of an error and injustice warranting the
. following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 2 May 1989 she was separated from the Navy Reserve with a
general under honorable conditions characterization of service
vice under other than honorable conditions on that same day.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
c. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 2 October 2009.
4. Pureuant 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 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.
\ eased
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