DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 92
17 October 20
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
lI ap aa arena
REVIEW OF NAVAL RB:
Ref: (a) Tattle 10 U.S-€. 1552
Encl: (1) DD Form 149 dtd 19 Dec 12 w/encls
(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 honorably
characterizing his period of active duty which ended on 12 March
L981.
2. The Board, consisting of Messrs. Gattis, Midboe and Tew,
reviewed allegations of error and injustice on 16 October 2013,
and pursuant to its regulations, determined that limited 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 Navy and entered active duty
on 10 March 1976. He received nonjudicial punishment on three
occasions and was convicted by a special court-martial. His
offenses included unauthorized absence (six instances totaling
two days), disrespect, attempted maiming, and assault. On 12
March 1981, he completed his required period of active duty, was
transferred to the Naval Reserve, and assigned an RE-4 (not
recommended for retention) reenlistment code. Block 24
{character of service) of his Certificate of Release or
Discharge from Active Duty (DD Form 214) is blank.
ec. Characterization of service is based, in part, on
conduct marks assigned on a periodic basis. His conduct mark
average was 2.89. A conduct mark average of 3.0 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 error warranting
characterizing Petitioner’s active duty service as general under
honorable conditions. The Board does not condone his
misconduct, however, due to it and his insufficiently high
conduct mark average, the Board believes that he does not
deserve a fully honorable characterization of service. The
Board concludes that an error was made in not issuing him a
characterization of service, and that his discharge should be
classified as general. In view of the above, the Board directs
the following limited corrective action.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected to show that
on 12 March 1981, he was issued a general discharge, vice no
characterization of service of the same date.
b. That no further relief be granted.
c. 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.
d. 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.
e. That the Department of Veterans Affairs be informed that
he applied to this Board on 19 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 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.
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