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NAVY | BCNR | CY2014 | NR6479 14
Original file (NR6479 14.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

TLG
Docket No: 6479-14
4 May 2015

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

Subj: REVIEW OF NAVAL RECORD CF iD usic,

Ref: (a) LO UsS.Cs T1552

 

 

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 Marine Corps, filed enclosure (1)
with this Board requesting that their other than honorable
discharge of 30 November 1984, be changed.

2. The Board, consisting RE Re ee

GUMB,s seviewed Petitioner's allegations of error and
injustice on 24 April 2015 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 it appears that enclosure (1) was not filed ina
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
TLG
Docket No: 6479-14

c. Petitioner enlisted in the Marine Corps on 2 November
1982, and served without disciplinary incident until 2 March
1984, when she received nonjudicial punishment (NJP) for failure
to obey a lawful order.

d. Petitioner was administratively processed for
separation by reason of convenience of the government. On 14
April 1982, the discharge authority directed an honorable
discharge by reason of convenience of the government. In
addition, her record contains an administrative remarks (Page
11) entry dated 14 April 1982, which reflects that she was
issued an honorable discharge certificate. However, on 30
August 1984, Petitioner was issued a Certificate of Release or
Discharge from Active Duty (DD Form 214) with the
characterization of service as “other than honorable” anda
narrative reason for separation as “discharge by reason of
pregnancy.” In this regard, her record does not reflect any
documentation to support the other than honorable
characterization of service.

CONCLUSION:

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner’s request warrants favorable
action.

The Board initially notes Petitioner’s disciplinary incident,
and does not condone her misconduct. However, the Board
believes that the evidence in the record does not support an
other than honorable characterization of service, and to the
contrary, clearly reflects that she should have been issued a DD
Form 214 reflects an honorable characterization of service. In
this regard, the Board concludes that the record should be
corrected to appropriately reflect an honorable characterization
of service.

In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action:
TLG
Docket No: 6479-14

RECOMMENDATION:

a. That Petitioner’s naval record be corrected to show

that on 30 August 1984, she was honorably discharged. It is
also directed that she be issued a new DD Form 214 which
reflects the foregoing characterization of service.

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 by the

Board on 6 May 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.

IW, fe
T, Js REED
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 J. O’NEILL
Executive Director

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