DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 100T
ARLINGTON, VA 22204-2490
SIN .
Docket No: 3175-14
12 June 2014
From: Chairman, Board for Correction of Naval Records
FS: Secretary of the Navy
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“Ref: (a) 10 U.S.C. 1552
Fncel: (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 Marine Corps, filed enclosure (1)
with this Board requesting an upgrade of his general
characterization of service, and that he receive half separation
pay as a result of his discharge for alcohol rehabilitation
failure on 9 November 2012.
2. The Board, consisting of Mr. Ivins, Ms. Tollefson, and
Mx. Sproul, reviewed Petitioner's allegations of error and
injustice on 11 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. Petitioner enlisted in the Marine Corps and began a
period of active duty on 14 September 2004. He served in an
outstanding manner for over eight years, until 9 November 2012,
when he was discharged under honorable conditions due to aicohol
rehabilitation failure. At that time, he was issued a’
Certificate of Release or Discharge from Active Duty (DD Form
214) that reflects two Good Conduct Medal’s and service in
Afghanistan.
c. Petitioner's characterization of service was based on his
fitness reports. They reflect that he was an above average
Marine and appeared to be sufficient for an honorable
characterization of service based on his overall record of
service, to include no disciplinary action.
d. In his application, Petitioner states that he should be
able to receive half separation pay as a result of his
involuntary separation from the Marine Corp. On 15 October 2013,
a letter from Headquarters Marine Corps addressed to Congressman
Darrell E. Issa, states, in part, that a review of his records
determined that he is eligible to receive half involuntary
separation pay, and that he should submit an appeal to this
Board.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
Although Petitioner was properly discharged from active duty due
to alcohol rehabilitation failure, the Board concludes that, in
view of his overall record of military service, as shown by his
above average fitness reports, the record should reflect that he
received an honorable discharge and that he be awarded half
involuntary separation pay. In view of the above, the Board
directs the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he received an honorable vice general discharge on 9 November
2012. This should include the issuance of a new DD Form 214.
b. That he receive half involuntary separation pay as a
result of his discharge on 9 November 2012.
c. That a copy of this report of proceedings be filed in
Petitioner's naval record.
d. That upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received on
8 January 2014.
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 Sécretary of the Navy.
et nok
ROBERT D. ZS5ALMAN
Acting Executive Director
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