DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

SJN
Docket No: 06599-07
8 April 2008

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

Subj:	REVIEW OF NAVAL RECORD OF

Ref:	(a) 10 U.S.C. 1552

End:	(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 in the general characterization of his service.

2.	The Board, consisting of Mr. reviewed Petitioner’s allegations of error and injustice on 2 April 2008 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 on 30 June 1961. On 7 March 1962, he was convicted by civil authorities of tampering with an automobile. On 5 June 1962, he received nonjudicial punishment (NJP) for disrespect. On 9 June 1962, Petitioner was convicted by a summary court-martial (SCM) of disobedience (told to stop playing pool and get back to work). On 23 May and 2 August 1963, he received NJP for dereliction of duty and absence from his appointed place of duty.

d.	Petitioner served for almost two years without incident until 30 April 1965, when he was released under honorable conditions from active duty and transferred to the Navy Reserve. At that time he was not recommended for reenlistment. On 29 June 1967, Petitioner received a general discharge at the completion of his military obligation based on his conduct and proficiency marks.

e.	Characterization of service is based in part on conduct and proficiency averages computed from marks assigned on a periodic basis. Petitioner’s conduct average was 2.8. At the time of his service, a conduct 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 concludes that Petitioner’s request warrants relief. In reaching its conclusion, the Board notes Petitioner’s youth, time in service and after careful and conscientious consideration of the entire record, including his civil and SCM convictions, and three NJP’s, all for relatively minor disciplinary infractions. The Board concludes that even though Petitioner properly received a general discharge based on his overall record of military service, as a form of clemency, the record should reflect an honorable characterization of service. In view of the foregoing, the Board recommends the following corrective action:

RECONMENDAT ION:

a.	That Petitioner’s naval record be corrected to show that on 29 June 1967 he received an honorable discharge vice the general discharge actually issued on that date.

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 24 July
2007.

4.	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.

				W. DEAN PFEIFFER
				  Executive Director