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NAVY | BCNR | CY2011 | 03238-11
Original file (03238-11.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 TIR .

Docket No: 3238-11
23 January 2012

 

From: Chairman, Board for Correction of Naval Records

To: Secretary of the Navy
Subj: al —- RECORD oF
Ref: (a) 10 U.S.C. 1552

Enel: (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 United States Navy, filed enclosure
' (1) with this Board requesting characterization of his service
upon his release from active duty.

2. The Board, consisting of Messrs. Exnicios, Pfeiffer, and
ZAsalman reviewed Petitioner's allegations of error and injustice
on 19 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 it appears that enclosure (1) was not filed in a
timely manner, it is in the interest of justice to waive the
statute a limitations and review the application on its merits.

c. Petitioner enlisted in the Navy on 11 April 1968 at ‘the
age of 18 and began a period of active duty. ©

d. Petitioner’s record reflects that during the period from
21 October 1968 to 2 September 1969 he received nonjudicial
Punishment (NJP) on five occasions for abandoning his watch,
forgery, wrongful possession of an liberty card, six periods of
absence from his appointed place of duty, and being out - of-
bounds.
e. Subsequently, Petitioner was administratively processed
for separation by reason of reduction in authorized strength.
On 10 February 1970 Petitioner, while serving in paygrade E-1,
was released from active duty by reason of reduction in
authorized strength. At the time of his release, his conduct
average of 1.73 was below the average mark of 3.0 required for a
fully honorable characterization of service. On 10 April 1974,
upon expiration of his enlistment, Petitioner received a general
discharge.

CONCLUSION:

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.

The Board initially notes the repetitiveness of Petitioner's
misconduct, although minor in nature, and does not condone his
infractions. The Board also notes Petitioner's insufficiently
high conduct average of 1.73. However, the Board's finding is
based on Petitioner's documented administrative processing for
separation, specifically, reduction in authorized strength, and
concludes that such processing requires a characterization of
service that is warranted by his service record. In this regard,
the Board concludes that his record of five NUPs, a conduct
average of 1.73, and a recommendation for separation by reason of
reduction in authorized strength were sufficient for a general
characterization of service. Based on the foregoing the Board
concludes that no useful purpose is served by continuing to not
‘characterize Petitioner's service, and as such it should be
characterized as general under honorable conditions.

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 released under honorable conditions by reason of reduction
in authorized strength on 10 February 1970.

b. That a copy of this Report of. Proceedings be filed in
Petitioner's naval record.

¢. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 23 March 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. ZSALMAN BRIAN J \te
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. = 3

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