DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
21 duly 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: 4
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 14 Sep 10 w/encls
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by changing the
characterization of his other than honorable (OTH) conditions
discharge issued on 22 August 1978 to general.
2. The Board, consisting of Messrs. Gattis, W. Hicks, and
Mann, reviewed allegations of error and injustice on 19 July
2011, and pursuant to its regulations, determined that relief
should be granted. 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 which were available under existing law
and regulations within the Department of the Navy.
b. Petitioner enlisted in the Navy and entered active duty
on 13 December 1977. He received nonjudicial punishment on one
occasion for disobeying a lawful order and absence from his
appointed place of duty. On 11 May 1978, he was diagnosed with
an immature personality disorder with passive-aggressive
features which interfered with the performance of his duties.
It was recommended that he be administratively separated with a
type warranted by his service record characterization of
service. On 22 August 1978, he received an OTH
characterization of service due to unsuitability.
c. Characterization of service is based, in part, on trait
marks assigned on a periodic basis. His overall trait mark
average was 2.75. An overall trait mark average of 3.0 was
required for a fully honorable characterization of service.
4
CONCLUSION :
Upon review and consideration of all the evidence of record,
the Board finds the existence of an injustice warranting
upgrading Petitioner's OTH discharge to a general
characterization of service. The Board does not condone his
misconduct, but notes that both of his offenses were minor in
nature. However, due to his misconduct and insufficiently
overall trait mark average, the Board believes that he does not
deserve a fully honorable characterization of service. The
Board concludes that an error was made in issuing him an OTH
characterization of service, and that his discharge should be
upgraded to general. In view of the above, the Board directs
the following corrective action.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected to show
that on 22 August 1978, he was issued a general discharge, vice
the OTH characterization of service of the same date.
b. That any material or entries inconsistent with or
relating to the Board’s recommendation be corrected, removed or
completely expunged from Petitioner’s record and that no such
entries or material be added to the record in the future.
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 ina
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
d. That the Department of Veterans Affairs be informed
that he applied to this Board on 14 September 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. ZASALMAN 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 Federai Regulations, 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.
y Bons
pecan -
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