DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 02664-13
29 January 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 U.S.C. 1552
} DD Form 149 with attachments
) Case Summary
) Subject's naval record
) Honorable Discharge Certificate
Enel: (1
(2
(3
{4
1. Pursuant to the, provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting that Block #26 of his U. S. Marine
Corps Report of Separation be changed to read honorable.
2, The Board, consisting of Mr. Bey, Mr. Grover, and
Mr. Exnicios, reviewed Petitioner's allegations of error and
injustice on 28 January 2014 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 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 1 July 1946. On 12 July 1946, a medical
board diagnosed him with having carious teeth, and recommended
that he be discharged due to physical disability. After being
afforded all of his procedural rights, he received a general
discharge on 24 July 1946. On 7 February 1950, the Board of
Review, Discharges and Dismissals ({BRDD) directed that his
general discharge be changed to honorable. Petitioner submitted
enclosure (4), a copy of his honorable discharge certificate. It
appears the change was never made to his report of separation and
that a copy of his honorable discharge certificate was placed in
his official records as result of the BRDD action. Petitioner
states that he is seeking veterans’ benefits and discovered the
error.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
In this regard, the Board notes that the BRDD directed that his
character of service be changed in 1950 and that the Report of
Separation is no longer issued. However, he should be issued a
Certificate of Release or Discharge from Active Duty (DD Form
214) showing that he received an honorable discharge.
Accordingly, the general discharge is in error, as reflected in
his official record and should be changed to honorable.
Additionally, enclosure (4), his Honorable Discharge Certificate,
should be placed in his official records in order to assist him
with his veterans’ benefits. 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 24 July 1946 he received an honorable discharge vice the
general discharge now of record. Additionally, it is directed
that he be issued a new Certificate of Release or Discharge from
Active Duty (DD Form 214) certificate.
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
22 February 2013.
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. cooler
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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4 4 MAN
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