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

Docket No: 830-19  
Ref:   Signature Date  

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

Ref:   (a) 10 U.S.C. §1552 

Encl: (1) DD Form 149 
      (2) Subject's naval record (excerpts) 

1.  Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting that his “General (Under Honorable Conditions)” characterization of service be changed to “Honorable” on his DD 214. 

2.  The Board, consisting of    , reviewed Petitioner's allegations of error and injustice on 30 April 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 enclosures, relevant portions of his naval records, 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 Marine Corps and began a period of active service on 21 March 1960.  On 5 May 1960, a medical officer diagnosed him with 50% limitation of back flexion after the Petitioner stated boxes of books fell on him prior to service.  An orthopedic surgeon diagnosed him with lordosis, marked, existing prior to service.  He was recommended for discharge due to physical disability.  He was discharged on 24 May 1960. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief.  Additionally, the Board reviewed his application under the guidance provided in reference (a).  Specifically, the Board considered whether his application was the type that was intended to be covered by these policies. 
 
The Board's decision is based on Petitioner’s contention that he did not have a disability before he enlisted.
 
RECOMMENDATION 

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

Petitioner’s naval record be corrected to show that he received an “Honorable” discharge on 24 May 1960. 

Petitioner be issued a new DD Form 214 Certificate of Release or Discharge from Active Duty. 

A copy of this Report of Proceedings be filed in Petitioner’s naval record. 

No further relief be granted. 

Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 28 December 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.