DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD. SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 6837-17 
MAR 12 2019 

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

Subj: REVIEW OF NAVAL RECORD OF FORMER 
 
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 that his general (under honorable conditions) 
characterization of service be change to an honorable characterization of service. Enclosures (1) 
through (3) apply. 

2. The Board, consisting of         , reviewed Petitioner's allegations of error and injustice on 
28 November 2018 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 Petitioner's 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 limitation and review the application on its merits. 

   c. On 21 November 1972, Petitioner reenlisted into the Naval Reserve for a period of one year. 
On 12 November 1973, Petitioner executed an agreement to remain in the Ready Reserve for a 
period of 12 months in order to continue his naval career.  Petitioner's EAOS was adjusted to 
20 November 1974. 

   d. On 1 July 1974, Petitioner reported on active duty for a period of 24 months. This action 
adjusted Petitioner's EAOS to 30 June 1976 while his EOS remained at 20 November 1974.  When 
Petitioner signed his active duty agreement for a period of 24 months he failed to 
sign Agreement to Extend Enlistment (NAVPERS 1070/621) to coincide with his active duty 
obligation. Upon discovering this error, a NAVPERS 1070/621 was prepared but Petitioner refused 
to sign. 

    e. On 31 January 1975, Chief of Naval Personnel message stated in part, Petitioner's original 
contract expired 20 November 1974, and it may not be extended. Therefore, Petitioner is not 
presently serving on any contract. Accordingly, Petitioner should be discharged on a current date 
by reason of expiration of enlistment. Further, if Petitioner desires and is eligible in all respects, he 
may reenlist in the United States Navy or Navy Reserve. 

    f. On 7 February 1975, Petitioner was issued an administrative remarks (Page 13) counseling 
which stated in part, Petitioner was afforded the opportunity to reenlist onboard USS 
but after all the paperwork was prepared, Petitioner changed his mind and decided to be transferred for 
separation.  Petitioner was not recommended for reenlistment due to attitude and lack of willingness 
to follow authority. Subsequently, Petitioner was discharged on 13 February 1975, with a general 
under honorable conditions characterization of service. 

    g. Petitioner's overall trait average (OTA) at discharge was 3.0.  A 2.7 OTA was required 
for an honorable characterization ofservice 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concludes that 
Petitioner's request warrants relief.  The Board determined based upon Petitioner's OTA and 
lack of evidence of misconduct, that an error and injustice exists within the record. 

In view of the foregoing, the Board finds the existence of an error and injustice warranting the 
following corrective action. 

RECOMMENDATION: 

That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 
214) to show that on 13 February 1975, the characterization of service was honorable. 

That a copy of this Record 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 11 August 2017. 

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 ofthe 
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. 



Executive Director