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NAVY | BCNR | CY2014 | NR3743 14
Original file (NR3743 14.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 100T
ARLINGTON, VA 22204-2490

SJN
Docket No: 3743-14
10 July 2014

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

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 change of his uncharacterized entry level
separation issued on 29 August 1389. ,

2. The Board, consisting of Mr. Clemmons, Mr. 4salman, and Mr.
Marquez, reviewed Petitioner's allegations of error and injustice
on 8 July 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.

c. Petitioner enlisted in the Navy and began a period of
active duty on 8 July 1988. On 9 August 1988, a medical board
diagnosed him with increased intraocular pressure of the eyes
that existed prior to his entry onto active duty. He did not
disclose any history of eye trouble or glaucoma on his Report of
Medical History (SF-93). It was recommended that he be
discharged. After being informed of all of his procedural
rights, he received an entry level separation and was discharged
on 29 August 1989 due to physical disability.

d. Petitioner’s characterization of service should have been
based on individual trait averages computed from marks assigned
on a periodic basis, given that he served over 180 days of
continuous active duty. Due to his relatively short period of
service and the fact that he never received any trait marks, a
fully honorable characterization of service is warranted absent
any misconduct.

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 notes Petitioner's record of military
service, medical diagnosis, no disciplinary action, and the fact
that he served over 180 days of service. The Board therefore
concludes that the record should be changed to show that he was
honorably discharged on 29 August 1989. In view of the above,
the Board directs the following corrective action.

RECOMMENDATION:

a. That Petitioner's naval record be corrected to show that
on 29 August 1989, he received an honorable discharge vice the
“ENTRY LEVEL SEPARATION” actually given.

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
3 February 2014. . oo

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 Secretary of the Navy. ~

ROBERT D. 4ZSALMAN
Acting Executive Director

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