DEPARTMENT OF THE NAVY
BOARD FOR
.
CORRECTl+ON OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-5100
TRG
Docket No: 2189-00
20 June 2000
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Navy filed enclosure
(1) with this Board requesting that his record be corrected to
show a better characterization of service then the discharge
under other than honorable conditions issued on 26 January 1993.
The Board, consisting of Ms. McCormick, Ms. Wiley and Mr.
2.
Leeman, reviewed Petitioner's allegations of error and injustice
on 12 June 2001 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered by
The Board,
3.
to Petitioner's
follows:
having reviewed all the facts of record pertaining
allegations of error and injustice, finds as
a.
Before applying to this Board, Petitioner exhausted all
administrat?ive remedies available under existing law and
regulations within the Department of the Navy.
b.
Although it appears that Petitioner's application was
not filed in a timely manner,
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
Petitioner enlisted in the Navy on 9 October 1990 at age
C .
The record shows that he served without incident until 13
19.
November 1992.
(NJP) for an unauthorized absence of about two days and
disobedience of orders to move back into the barracks and to stop
his involvement with another servicemember's wife.
punishment imposed included a reduction in rate from CMCN (E-3)
to CMCA (E-2).
On that date he received nonjudicial punishment
On 25 November 1992 he was diagnosed with a
The
passive-aggressive personality disorder and was recommended for
an administrative discharge for that reason.
d.
On 3 December 1992, Petitioner was notified of discharge
processing due to the diagnosed personality disorder and
misconduct due to commission of a serious offense, specifically,
the two instances of disobedience for which he received NJP.
connection with this processing,
have his case heard by an administrative discharge board.
In
he elected to waive his right to
e.
In his recommended for discharge, the commanding officer
stated, in part, as follows:
Upon his
.
.
(Petitioner) was
Soon after reported aboard (he) began a
(Petitioner) has no potential for further useful naval
service.
relationship with another battalion member's wife while
that battalion member was deployed . . . .
return the battalion member . . . complained to the chain
of command that (Petitioner) was living with his lawful
wife and (he) wanted this to stop.
counseled concerning this relationship and was issued a
lawful order . . . to move back into the barracks, and
. to cease having such a relationship until such
.
time as they were legally separated or divorced, as
this conduct was prejudicial to the good order and
(He) understood the
discipline of the battalion.
orders and the reason behind them, but willfully failed
to obey these orders.
barracks, continued his relationship with the wife, and
even went so far as to arrive for morning quarters with
her.
While in restriction, he became very depressed and
expressed suicidal ideations. . . . . . . The Chief,
Inpatient Psychiatry, diagnosed (him) as having a
personality disorder of such severity that if he
continued in the U. S. Navy he is likely to behave in a
manner to harm someone or himself, or develop serious
mental problems.
diagnosed with a personality disorder, should be held
He willfully failed to
accountable for his actions.
obey two lawful orders.
This type of behavior cannot be tolerated . . . . . .
I believe (Petitioner), although
He did not move back into the
On 11 December 1992,
under other than honorable conditions by reason of misconduct.
Petitioner was so discharged on 26 January 1993.
the discharge authority directed discharge
married the woman he was living with,
Petitioner states in his application that he has since
she was legally separated
f.
2
at the time, and her husband only complained about their
He has provided a copy of
relationship to get him in trouble.
his wife's divorce decree, dated 7 December 1992, which does not
However,' the decree
mention that she was legally separated.
states that they were "finally separated" on 1 September 1992.
In a statement accompanying the application, Petitioner's wife
states that she did not meet him until October 1992.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
The Board finds that whatever the status of the
action.
separation, Petitioner was required to obey orders, he was
properly punished for his disobedience, and this misconduct was
sufficient to support discharge processing.
also notes that Petitioner's wife and her ex-husband were
separated, in fact, on 1 September 1992.
believes that by that time,
The Board concludes, that in retrospect, a discharge
broken.
under other than honorable conditions is inappropriate and the
discharge should now be recharacterized to general.
the marriage was irretrievably
However, the Board
Accordingly, the Board
RECOMMENDATION:
That Petitioner's naval record be corrected to show that
a.
on 26 January 1993 he was issued a general discharge by reason of
misconduct vice the discharge under other than honorable
conditions actually issued on that date.
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
That the Department of Veterans Affairs be informed upon
C .
request that Petitioner's application was received by the Board
on 27 March 2000.
It is certified that a quorum was present at the Board's
4.
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
Recorder
Acting Recorder
5.
Pursuant to the delegation of
6(e) of the revised Procedures of
Naval Records (32 Code of Federal
authority set out in Section
the Board for Correction of
Regulations, Section 723.6(e))
3
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
Executive D
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