DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03415-10
2 February 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO thee ee
Ref: (a) 20 U.S.C. LSS2
Encl: (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 a change in his general
characterization of service issued on 10 April 1970.
2. The Board, consisting of Mr. Neuschafer, Mr. Pfeiffer, and
Mr. Genteman reviewed Petitioner's allegations of error and
injustice on 1 February 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.
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 is in the interest of justice to waive the statue of
limitations and review the application on its merits.
c. Petitioner enlisted in the Marine Corps and began a
period of active duty on 14 November 1968 for two years. He
served without incident and was released early on 10 April 1970
under honorable conditions due to a general demobilization, and a
reduction in authorized strength program at the expiration of his
enlistment. He was transferred to the Marine Corps Reserve. At
that time, he was issued a Certificate of Release or Discharge
from Active duty (DD Form 214) that reflected the award of the
Vietnam Service Medal with one star, and Vietnam Campaign Medal
with device. His conduct average, which was computed from marks
assigned on a periodic basis, was 4.3, well above the requirement
of a 4.0 average which was required for fully honorable
characterization of service. He was discharged under honorable
conditions on 30 October 1974 at the completion of his obligated
service.
CONCLUSION: ff
4
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
Although Petitioner was released from active duty with a
characterization of under honorable conditions, the Board
concludes that, in view of his overall record of military service
with no disciplinary action, excellent conduct average, and the
fact that the record does not support the assignment of a general
characterization of service, the record should reflect a fully
honorable characterization of service.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show
Petitioner was honorably released from active duty on 10 April
1970 vice under honorable conditions. This should include the
issuance of a new DD Form 214.
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 on
29 March 2010.
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.
eee. } | Jrragr
ROBERT D. ZSALMAN BRIAN JN 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.
Executive
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