DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TOR
Docket No: 6091-10
95 March 2011
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj:
Ref: (a) 10 U.S.C. 1552
Fnel: (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 Reserve filed
enclosure (1) with this Board requesting that the
characterization of his discharge be changed.
2, The Board, consisting of Messrs. Gattis, Spain, and Zsalman,
reviewed Petitioner's allegations of error and injustice on 22
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
statute of limitations and review the application on its merits.
c. Petitioner enlisted in the Marine Corps Reserve on 21
October 1989 at the age of 19, began a period of active duty on
12 May 1990, and served for without disciplinary incident.
oner’s record reflects that he failed to meet
even after several attempts. As a
n administrative
n of unsatisfactory performance.
dad. Petiti
physical fitness standards
result of this action he was processed for a
separation by reaso
e. On 23 November 1991 Petitioner was, upon completion of his
obligated service, issued a general discharge. At that time his
conduct average was 4.3, which exceeded the average mark of 4.0
required for a fully honorable characterization of service.
_ ae
CONCLUSION:
e evidence of record, the
Upon review and consideration of all th
t warrants favorable
Board concludes that Petitioner's reques
action.
titioner served without disciplinary
incident and that his unsatisfactory performance was based solely
on his failure to meet physical fitness standards. The Board's
finding is based on his length of service and periodic conduct
marks which exceeded the requirements for a fully honorable
characterization of service.
The Board notes that Pe
Board concludes that no useful purpose
characterize Petitioner's service as
having been under honorable conditions, and recharacterization to
a fully honorable discharge is appropriate. Accordingly, the
Board concludes that relief in the form of recharacterization of
his discharge is appropriate.
Based on the foregoing the
ig served by continuing to
In view of the foregoing,
injustice warranting the
RECOMMENDATION :
record be corrected to reflect
ed on 23 November 1991 vice
ditions on the same day.
a. That Petitioner's naval
that he was honorably discharg
discharged under honorable con
al or entries inconsistent with or relating
tion be corrected, removed, or
Petitioner's record and that no such
d to the record in the future.
b. That any materi
to the Board's recommenda
completely expunged from
entries or material be adde
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(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.
(Aan. Aw
ROBERT D. ZSALMAN BRIAN J.NGEORGE
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 1s 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.
ue
W. DEAN PF
Executive Dsjrettor
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