DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 4110-13
19 March 2014
From: Chairman, Board for Correction OF Naval Records
TO: Secretary of the Navy
RE
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 2 Feb 13 w/attachments
(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) discharge issued on 18 April 1994 be upgraded to an honorable
discharge.
2. The Board, consisting of Mses. Aldrich and Tolleffson and Mr.
Grover, reviewed allegations of error and injustice on 18 March 2014,
-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 Marine Corps Reserve on 15 February
1989: He was not the subject . of any disciplinary actions during his
term of service and was “promoted to corporal (pay grade E-4). He
failed four physical fitness tests. He was then processed. for
administrative separation due to unsatisfactory performance with a
type warranted by service record characterization of service. On 18
April 1994, he received an honorable characterization of service due
to unsatisfactory performance, and was assigned an RE- -4 (not
_ recommended for retention) reenlistment code.
¢. On 22 January 2013, a staff member of the Headquarters Marine
Corps Separation and Retirement Branch {(MMSR-S) placed two entries in
Petitioner’s service record stating that he was discharged under OTH
conditions.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
finds the existence of an error warranting relief. The Board
particularly notes that Petitioner had no disciplinary actions and was
issued an honorable discharge certificate. The Board concludes that
the two entries placed in his service record by MMSR-5 were erroneous.
In view of the above, ERS Board directs the following corrective
action. ‘
- RECOMMENDATION: .
a. That Petitioner's naval record be corrected to show that on 18
April 1994, he was issued an honorable discharge, vice the OTH
characterization of service on 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 in a confidential file maintained
for such purpose, with no cross reference being made a part of
Petitioner’s naval record.
a. That the Department of Veterans Affairs be ‘informed that he
applied to this Board on 6 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. 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. .
ea, ea
ROBERT D. ZSALMAN
Acting Executive Director
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