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NAVY | BCNR | CY2013 | NR7145 13
Original file (NR7145 13.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S$, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BJG
Docket No: 7145-13
30 July 2014

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

eC“ te
REVIEW OF NAVAL RECORD

Ref: {a) Title 10 U.S.c@. 1552

Encl: (1) DD Form 149 dtd 3 Jul 14 w/attachs
(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 general under honorable conditions
discharge issued on 14 May 1974.to fully honorable.

2. The Board, consisting of Messrs. Bey, Boyd, and Zsalman,
reviewed allegations of error and injustice on 29 July 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 entered active duty in the Marine Corps on 28
June 1973. He was not the subject of any disciplinary action
during his term of active duty service. However, during April
1974, he was found mentally unfit to continue on active duty. A
Medical Board (MB) recommended that he be administratively
separated with a type warranted by service record
characterization of service due to unsuitability. Based on the
MB‘’s recommendation, on 14 May 1974, he was administratively
separated with a general characterization of service due to
unsuitability.

Cc. Character of service is based in part on conduct marks
assigned on a periodic basis. Petitioner’s conduct mark average
was 3.9. A 4.0 was required for a fully honorable
characterization of service.

CONCLUSION;

Upon review and consideration of all the evidence of record,
the Board finds the existence of an injustice warrajfting
upgrading Petitioner’s general discharge to an honorable
characterization of service. The Board particularly notes that
he had no disciplinary action and his conduct mark average was
almost high enough to qualify for a fully honorable discharge.
AS a matter of clemency, the Board directs the following
corrective action.

RECOMMENDATION :

a. That Petitioner’s naval record be corrected to show that
on 14 May 1974, he was issued an honorable discharge, vice the
general under honorable conditions characterization of service
assigned 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.

cc. 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 ina
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.

d. That the Department of Veterans Affairs be informed that
Petitioner applied to this Board on 3 July 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.

: Cuyeree
ROBERT D. ZSALMAN BRIAN J. GEORGE
Recorder — Acting Recorder

S. 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.

ROBERT D. ZSALMAN
Acting Executive Director

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