DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24906
SION
Docket No: 2782-14
5 June 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF (ea
Ref: (a) 10 U.S.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 Navy, filed enclosure (1) with this
Board requesting a characterization of his service on his Armed
Forces of the United States Report of Transfer or Discharge
(DD Form 214}, issued on 14 December 1962.
2. The Board, consisting of Mr. Gattis, Mr. Grover, and
Ms. Trucco, reviewed Petitioner's allegations of error and
injustice on 3 June 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
dimitations and review the application on its merits,
c. Petitioner enlisted in the Navy and began a period of
active duty on 2 November 1959. On 7 July 1960, he received
nonjudicial punishment (NJP) for disobedience. He received
restriction. On 6 September 1960, he was convicted by civil
authorities of an unknown offense and sentenced to pay a fine.
He remained on active duty until 14 December 1962, when he was
honorably released from active duty and transferred to the Navy
Reserve. He was discharged on 1 November 1965.
ad. In his application, Petitioner states that he never
received a characterization of service on his DD Form 214. The
Board found that after a review of his official records, the
DD 214 issued fails to show his honorable characterization of
service. His Record of Discharge, Release from Active Duty, or
Death ({NAVPERS 601-14) directed that Petitioner receive an
honorable release from active duty.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants relief.
In this regard, the Board notes Petitioner's overall record of
good military service, despite his NJP for a relatively minor
offense. Accordingly, his DD 214 should read that he received an
honorable release from active duty on 14 December 1962.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 14 December 1962, he received an honorable release from active
duty.
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 on
23 December 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
preceedings 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.
Sek 9. ek
ROBERT D. ALMAN
Acting Executive Director
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