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TH. DEPARTMENT OF THE NAVY
> \A\ BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 100°
ARLINGTON, VA 22204-2490
BC
Docket No: 08859-13
14 November 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj : ae NAVAL RECORD Of (ii i ee 9°:
Ref: fa} 16 U.8.c. 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 United States Navy, filed
enclosure (1) with this Board requesting, in effect, that his
record reflect that he received the Navy Good Conduct Medal
(NGCM) for his service from 5 March 1970 to 20 December 1974.
2. The Board, consisting of Mr. Green, Mr. Spain, and Ms.
White-Olson, reviewed Petitioner's allegations of error and
injustice on 13 November 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:
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.
BC
Docket No: 08859-13
c. Petitioner enlisted in the Navy on 17 July 1968. On 4
March 1970, he received nonjudicial punishment (NJP) for being
in an unauthorized absence (UA) status for nine days. On 5
March 1973, specifically 87 days after his honorable discharge
on 8 December 1972, he reenlisted in the Navy.
dad. Petitioner’s gaining command erroneously began the
commence date for a Navy Good Conduct Medal to start on 5 March
1973, which is the date of his reenlistment. Regulations state
that since his limited break in service was less than 90 days,
his service is deemed as “continuous for eligibility purposes
for a Good Conduct Medal” and as such the record should reflect
a date of 5 March 1970, the date after he received NUP, as the
correct commence date for a Good Conduct Medal.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board concludes that Petitioner’s
record warrants awarding him the Navy Good Conduct Medal.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was awarded the Navy Good Conduct Medal on 5 March 1974.
b. That a copy of this report of proceedings be filed in his
record.
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.
fe
T.J” REED
Recorder
BC
Docket No: 08859-13
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 O’ NEILL
Executive Director
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