DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No. 05533-12
8 July 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD
Ref: (a) Thelle LO U.S sc. 1552
Encl: (1) DD Form 149 w/attachments
(2) Subject'’s naval record
1. Pursuant to the provisions of reference (a) Subject, hereinafter
referred to as Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected
to show that he was discharged with an honorable discharge vice an
other than honorable discharge issued on 11 January 1992.
2. The Board, consisting of Mr. McBride and Mses. Trucco and
Bianchi, reviewed Petitioner’s allegations of error and injustice on 9
May 2013 and, pursuant to its regulations, determined that the limited
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. Petitioner entered active duty in the Marine Corps on 7 July
1987. On 16 March 1990, he was found guilty at a special court-
Martial (SPCM) of two specifications of unauthorized absence totaling
105 days and illegal use of a controlled substance (marijuana). He
received a bad conduct discharge. However, it was suspended for 12
months, pending any further misconduct.
c. Petitioner was then separated at the end of his active duty
service on 11 January 1992. He received an other than honorable
Gischarge and an RE-4 reentry code.
d. When a service member completes his enlistment, he must be
given the characterization of service warranted by his service record.
Characterization of service is based in part on conduct marks assigned
on a periodic basis. Petitioner's conduct mark average was a 3.4. A
Docket No. 05533-12
4.0 conduct mark average was required for a fully honorable discharge
at the time of his separation.
CONCLUSION
Upon review and consideration of all the evidence of record, the Board
finds that Petitioner’s discharge should be upgraded to general. The
Board particularly notes that he completed his enlistment, however,
his SPCM conviction and insufficiently high conduct mark average do
not qualify him for an honorable discharge. The Board finds the
existence of an error warranting the following limited corrective
action.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. Petitioner was separated with a general discharge vice an
other than honorable discharge issued on 11 January 1992, now of
record.
b. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
c. That no further relief be granted.
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. 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 Federal 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.
W. DEAN
Executive
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