DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 10985-18             
Date:  Ref Signature  

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 

Encl:   (1) DD Form 149 

1.  Pursuant to the reference, Petitioner, a former enlisted member of the Navy, filed the enclosure with the Board for Correction of Naval Records (Board) requesting an upgrade to his service characterization as reflected on his Report of Separation from Active Duty (DD Form 214) for the period of active duty from 25 October 1974 to 5 June 1975. 

2.  The Board, consisting of                                                                 , reviewed Petitioner’s allegations 
of error and injustice on 11 December 2019, 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, relevant portions of his naval service 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 the enclosure was not filed in a timely manner, it is in the interest of justice to review the application on its merits.

    c.  Petitioner enlisted in the Navy and began a period of active duty on 25 October 1974.  Petitioner was notified of the initiation of administrative separation processing by reason of misconduct-fraudulent enlistment as a result of Petitioner’s failure to disclose his dependents at the time of his enlistment.  On 23 May 1975, Petitioner’s Commanding Officer notes that Petitioner was not a disciplinary burden to the command.  Petitioner was discharged with a general characterization of service on 5 June 1975.  A service record entry reflects that Petitioner’s final conduct mark of 4.0. 

CONCLUSION 

The Board considered Petitioner’s service record and final performance marks, which were sufficient to receive an honorable characterization of service.  In consideration of Petitioner’s performance marks, the Board determined that Petitioner is entitled to full relief as a matter of justice.  The Board found that Petitioner is entitled to an upgrade to his discharge characterization from general to honorable for the period of active duty ending 5 June 1975. 

In view of the above, the Board directs the following corrective action. 

RECOMMENDATION: 

In view of the above, the Board directs the following corrective action: 

That Petitioner be issued a new DD Form 214 Certificate of Release or Discharge from Active Duty to show that he received an honorable characterization of service for the period of active duty ending 5 June 1975. 

That a copy of this report of proceedings be filed in Petitioner’s naval record. 

That, upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 19 November 2018. 

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. 

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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 


1/12/2020