DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 6589-13
31 July 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
i. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, filed enclosure (1) with this
Board requesting that the characterization of her general
discharge issued on 18 August 1994 be changed.
2. The Board, consisting of Messrs. Bey, Boyd, and Zsalman,
reviewed Petitioner's allegations of error and injustice on 29
July 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:
-€@. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Although it appears that enclosure (1) was not filed ina
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 Navy and began a period of |
active duty on 22 September 1992.
d. Petitioner received nonjudicial punishment (NUJP) on 28
April 1994 for failure to go to her appointed place of duty. She
was subsequently warned that any further misconduct could result
in an administrative separation under other than honorable
conditions,
€. On 3 August 1994, Petitioner underwent a psychiatric
evaluation due to depression, sleep difficulty, and transient
thoughts of suicide. She was diagnosed with a personality
disorder and recommended for an administrative separation.
f. Petitioner was processed for separation by reason of
convenience of the government due to a personality disorder. The
discharge authority directed the commanding officer to issue a
discharge with a characterization of service warranted by her
service record. On 22 August 1994 Petitioner received a general
discharge by reason of convenience of the government due toa
personality disorder.
é
. Q. Character of service is based on conduct and overall trait
averages which are computed from marks assigned during periodic
evaluations. At the time of Petitioner’s discharge her conduct
average was 3.13, which exceeded the requirement to warrant a
fully honorable characterization of service.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board initially notes Petitioner’s minor misconduct which
resulted in an NUP. However, the Board's decision is based on
Petitioner's overall satisfactory service and her high conduct
mark average, which it notes exceeded the requirement to warrant
a fully honorable characterization of service. Based on the
foregoing, the Board concludes that an error occurred in
characterizing her service as having been less than fully
honorable, and as such recharacterization is appropriate,
In view of the foregoing, the Board finds the existence of an
error warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
she was issued an honorable discharge on 22 August 1994 vice the
general discharge actually issued on that day.
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 6 June 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.
ROBERT D
Acting Executive Director
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