DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 4760-10
3 March 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
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, filed enclosure (1) with this
Board requesting that the characterization of his general
discharge be changed.
2. The Board, consisting of Mr. Pfeiffer, Mr. Tew, and Ms.
Wilcher, reviewed Petitioner's allegations of error and injustice
on 2 March 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 it appears that enclosure (1) was not filed ina
timely manner, it is in the interest of justice to waive the
5
statute of limitations and review the application on its merits.
c. Petitioner enlisted in the Navy on 24 August 1978 at age
18 and served without disciplinary incident.
d. On 14 January 1982 Petitioner was diagnosed with a severe
chronic borderline personality disorder and recommended for an
administrative separation. In this regard, he was processed for
separation due to unsuitability. His commanding officer
recommended the characterization of his service be based on his
performance. As such, he was recommended for an honorable
discharge by reason of unsuitability due to the diagnosed
personality disorder.
e. On 16 February 1982 the discharge authority directed the
commanding officer to issue a general discharge by reason of
unsuitability, and on 19 February 1982, he was so disckarged.
a é
f. Character of service is based on conduct and overall Ereie
averages which are computed from marks assigned during periodic
evaluations. At the time of Petitioner’s discharge his conduct
average was 3.4, which exceeded the requirement to warrant a
fully 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.
The Board's decision is based on Petitioner's overall
satisfactory service as shown by him serving without disciplinary
incident, and his high conduct mark average, which the Board
notes exceeded the requirement to warrant a fully honorable
characterization of service. Based on the foregoing, the Board
concludes that no useful purpose is served by continuing to
characterize his service as having been less than fully
honorable, and as such recharacterization is appropriate.
In view of the foregoing, the Board 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
he was issued an honorable discharge on 19 February 1982 vice the
general discharge actually issued on that 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 29 April 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.
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.
’
W. DEAN PF
Executive
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