DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 00267-11
30 January 2012
From: -Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: . REVIEW OF NAVAL RECORD (i
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments »
(2) Case Summary
(3) HOMC Advisory Opinion dtd 9 Nov 11
(4) HOMC Advisory Opinion dtd 17 Jan 12
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 other than honorable
(OTH) characterization of his service. ;
2. The Board, consisting of Mr. Zsalman, Mr. Pfeiffer, and _
Mr. Exnicios, reviewed Petitioner's allegations of error and
injustice on 24 January 2012 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 25 August 1978. During the period from
14 September 1978 to 4 November 1982, he received seven
nonjudicial punishments (NTP) for four instances of
disobedience, five periods of unauthorized absence (UA) totaling
80 days, and eight instances of failing to go to his appointed
place of duty. On 10 November 1982, he received an OTH discharge
at the completion of his required service.
d. In his application, Petitioner states that he was not
given an option to have his case go before an administrative
discharge board (ADB), and that no legal advice was offered or
given.
e. Enclosures (3) and (4) are. advisory opinions from the
Headquarters Marine Corps (MMSR-3) recommending favorable
action. a
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (3), the Board concludes that
Petitioner's request warrants full relief.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 10 November 1982 he was issued a general discharge vice the
OTH discharge, now of record. Additionally, the Board directs
that a new Certificate of Release or Discharge from Active Duty
(DD Form 214) be issued to cover the period from
“78 08 25” to “82 11 10”, that block 12c should read.“04 02 16",
block 25 should read “MARCORPSEPMAN 1005”, and block 28 should
read “Expiration of enlistment”.
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 5 January
2011.
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. Z4SALMAN BRIAN J. \
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. eel
Executive Divector
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