DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 01796-1411
9 November 2011
From: Chairman, Board for Correction of Naval Records
Le Secretary of the Navy
Sib): aaa RBA, RECORD OF Ue,
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 Marine Corps, filed enclosure {1)
with this Board requesting a change in his general
characterization of service, which was issued on 7 April 1989.
2. The Board, consisting of Ms. Barro, Mr. Spain, and
Mr. Blanchard, reviewed Petitioner's allegations of error and
injustice on 8 November 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,
4t 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 and began a
period of active duty on 18 November 1986. On 5 August 1987 and -
18 November 1988, he was counseled regarding his failure to
conform to weight standards. He was warned that further
unsatisfactory performance could result in administrative
discharge action. On 22 November 1988, he was assigned to a.
physical training platoon. Subsequently, administrative
discharge action was initiated to separate him by reason of
unsatisfactory performance due to his failure to conform to
weight standards. Petitioner served over two years without any
disciplinary infractions. Although the record reflects that he
failed to conform to weight standards, he was advanced to lance
corporal and his evaluations reflect generally excellent
performance. On 27 March 1989, his commanding officer forwarded
his case to the separation authority recommending that he be
honorably discharged by reason of unsatisfactory performance.
However, on 30 March 1989, the separation authority directed that
he receive a general discharge due to unsatisfactory performance.
On 7 April 1989, Petitioner received a general discharge.
d. Characterization of service is based in part on conduct
and proficiency averages computed from marks assigned on a
periodic basis. His conduct average was 4.4. At the time of his
service, a conduct average of 4.0 was required for 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 based on Petitioner's overall record of military service
to include no disciplinary infractions and above average trait
averages. The Board therefore concludes that the interest of
justice would be better served by changing his characterization
of service to honorable.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 7 April 1989, Petitioner was issued an honorable discharge
vice the general discharge, now of record. This should include
the issuance of a new Certificate of Release or Discharge from
Active Duty form (DD Form 214).
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
ce. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on
17 February 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.é6{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 Bonn) Hhoogs
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.
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