DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 00455-13
23 October 2013
a
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW, OF NAVAL RECORD ORjél
Ref: (a) 10 U.8.€. 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 that his general characterization of
service discharge be changed to honorable.
2. The Board, consisting of Ms. Barrow, Mr. Hendrick, and Ms.
Wilcher, reviewed Petitioner's allegations of error and injustice
on 22 October 2013 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
avallable 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 22 March 1968, and served without
incident until 21 November 1969, when he was medically diagnosed
with somnambulism. At that time he was recommended for
separation. Subsequently, Petitioner was notified of proposed
action for an administrative separation for unsuitability due to
the diagnosed disorder. After being afforded all of his
procedural rights, his case was forwarded, and it was directed
that he receive a general discharge.
d. Petitioner’s characterization of service should have been
based on his individual conduct trait averages computed from
marks assigned on a periodic basis. The Board found that his
overall conduct trait average was 4.3. At the time of his
service, an average of 4.0 was required for a fully honorable
characterization of service. However, his DD Form 214 states
that his characterization of service was “Under Honorable
Conditions” .
CONCLUSION :
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
Although Petitioner was medically diagnosed with somnambulism,
his DD Form 214 erroneously states that his characterization of
service is under honorable conditions. Consequently, the
characterization of service on his DD Form 214 should be changed
to read “Honorable” based on his overall conduct trait average.
With regard to correcting the other discrepancies on his DD Form
214, because his request is for administrative corrections, which
do not require action by this Board, he may submit his request to
the Department of Navy, Navy Personnel Command (BUPERS), Code
Pers-312, 5720 Integrity Drive, Millington, TN 38055-3120. In
view of the foregoing, the Board finds the existence of an error
and injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 2 January 1970, he received an honorable discharge vice the
general discharge actually issued on that date. Additionally,
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.
c. That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 17 December 2012.
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.
\aiaeG :
W. DEAN PF R
Executive tor
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