Docket No: 0061-20
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF FORMER  , USMC,  XXX-XX- 
 
Ref:   (a) 10 U.S.C. § 1552   
 
Encl:  (1) DD Form 149  
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting to be awarded to good conduct medal (GCM), and correction to his time in service listed on his Certificate of Release or Discharge from Active Duty (DD Form 214) for the period of active duty ending on 18 January 1984.  Enclosures (1) through (3) apply. 
 
2.  The Board, consisting of  , reviewed Petitioner’s allegations of error and injustice on 13 November 2020, 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 enclosure, relevant portions of Petitioner’s 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.  The Petitioner enlisted in the Marine Corps and began a period of active duty on 27 July 1979.  Petitioner received non-judicial punishment (NJP) on 9 January 1980 and 15 April 1980 for the following offenses:  two specifications of disobeying a lawful order by an NCO and disrespect to an NCO.  Petitioner received a summary court martial (SCM) conviction for failure to go to his appointed place of duty on 28 May 1980.  On 18 November 1982, Petitioner was counseled for misconduct.  On 4 January 1983, Petitioner received his third NJP for failure to go to his appointed place of duty.  Petitioner was counseled on 6 February 1983 and 15 February 1983, regarding his misconduct.  On 14 April 1983, Petitioner began a period of unauthorized absence (UA).  On 10 May 1983, Petitioner received a civil conviction for endangering a child and returned from UA.  Petitioner was subsequently processed for administrative separation o  Petitioner was discharged on 18 January 1984.   
 
     e.  At the time of Petitioner’s discharge, he was issued a DD Form 214, which incorrectly reflects an entry date of 9 October 1979. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial favorable action. In this regard, the Board notes the Petitioner’s DD Form 214 incorrectly reflects Petitioner’s date of entry of 9 October 1979.  The Board notes that documents within Petitioner’s naval record reflect a date of entry of  
27 July 1979.   
 
The Board noted the Petitioner’s repeated misconduct, which resulted in three NJPs, one SCM, and a civil conviction.  In this regard, the Board determined the Petitioner’s request for the Good Conduct Medal (GCM) is not warranted.   
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s naval record be corrected to reflect his date of entry as 27 July 1979. 
    
That Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215).    
  
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 26 December 2019. 
 
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.