OF NAVAL RECORD
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
BIG
Docket No: 5689-13
20 March 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 17 May 13 w/attachments
(2) Subject’s naval record
i. 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 general Giecharge
issued on 12 July 1991 to an honorable discharge.
2. The Board, consisting of Messrs. Exnicios, Ruskin, and Zsalman,
reviewed allegations of error and injustice on 19 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 30 May
1985. He was not the subject of any disciplinary actions during his
term of service and was promoted to sergeant (pay grade E-5). He was
diagnosed with a physical condition that interfered with the
performance of his duties. He was then processed for administrative
separation due to physical disqualification with a type warranted by
service record characterization of service. On 12 July 1991, he
received a general characterization of service due to physical
disqualification, and was assigned a waivable RE-3P (physical
disability) reenlistment code. :
c. _ Characterization of service is based, in part, on proficiency
and conduct marks assigned on a periodic basis. Petitioner's
proficiency and conduct marks averages were 4.5/4.5, respectively,
which were sufficient for an honorable characterization of service.
He also received two outstanding fitness reports as a sergeant.
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
sufficiently high proficiency and conducts marks averages and fitness
reports for an honorable discharge. The Board concludes that he
should have been issued an honorable characterization of service. In
view of the above, the Board directs the following cerrective action.
~
a
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on 12
July 1991, he was issued an honorable discharge, vice the general
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.
da. That the Department of Veterang Affairs be informed that he
applied to this Board on 17 May 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, 2ZSALMAN BRIAN J. GEORGE
Recorder Acting Recorder
5S. Pursuant to the delegation of authority set out in Section é6{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.
Rip DS Fat
ROBERT D. ZSALMAN
Acting Executive Director
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