DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24906
SJN
Docket No; 02851-13
10 April 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
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 an upgrade of his general
characterization of service received on 15 November 1996.
2. The Board, consisting of Mr. Grover, Ms. Aldrich, and
Mr. Zsalman, reviewed Petitioner's allegations of error and
injustice on 8 April 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
foilows:
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 cf 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 15 December 1993, During the period
from 5 October 1994 to 8 February 1996, he received three
retention warnings for failing to complete assigned tasks,
following instructions, financial irresponsibility, and failing
to make successful progress while in an assigned weight control
‘program. Although his record is incomplete and does not contain
any of the administrative discharge documentation, he received a
general discharge on 15 November 1996 due to weight control
failure.
d. Petitioner’s characterization of service was based on
individual conduct marks average computed from marks assigned on
‘a periodic basis. His overall conduct mark average was 4.3. At
the time of his service, an average of 4.0 was required for a
fully honorable characterization of service.
f. In his application, Petitioner states, in part, that he
performed his duties with honor and pride and his general
discharge presents barriers to securing benefits reserved only
for those with honorable discharges.
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 Petitioner's overall record of
military service, including his three retention warnings.
However, the Board notes that the discharge authority should have
based his characterization of service on his overall conduct
marks average, which was high enough for an honorable
characterization of service.
RECOMMENDATION:
a. That Petitioner's naval record he corrected to show that
on 15 November 1996, he was honorably discharged from active duty
vice the general discharge actually issued on that date.
b. That a copy of this report of proceedings be filed in
Petitioner's naval record.
c. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on 7 March
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. 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 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.
Td D FO
ROBERT D. ZSALMAN
Acting Executive Director
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