DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 2341-01
10 August 2001
From:
To:
Subj:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
Ref:
(a) 10 U.S.C.1552
Encl:
(1) DD Form 149 w/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, applied to this Board
requesting, in effect, that his naval record be corrected to
show a more favorable discharge and reenlistment code than the
other than honorable discharge and RE-4 reenlistment code issued
on 28 December 2000.
The Board, consisting of Messrs. Ivins, Silberman, and
2.
Frankfurt reviewed Petitioner's allegations of error and
injustice on 8 August 2001 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
Documentary material
The Board, having reviewed all the facts of record
3.
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.
1
b.
Petitioner's application to the Board was filed in a
timely manner.
C .
Petitioner enlisted in the Navy on 28 February 2000 for
four years.
At that time, he also agreed to extend his
enlistment for an additional period of 24 months in exchange for
training in the advanced electronics field and accelerated
advancement to pay grade E-4.
d.
On 28 August 2000 Petitioner was formally counseled
regarding three unspecified periods of unauthorized absence
He served without further incident until 11 October 2000
WA).
when he received nonjudicial punishment (NJP) for two instances
of failure to go to his appointed place of duty.
e.
On 21 November 2000 Petitioner received a second NJP
and four instances of failure to go
for a one-day period of UA,
to his appointed place of duty.
that action was being initiated to separate him by reason of
misconduct due to a pattern of misconduct.
He was advised of
his procedural rights, declined to consult with legal counsel
and waived the right to present his case to an administrative
discharge board.
However, he did submit a statement in his own
behalf, explaining the circumstances surrounding his failures to
Thereafter, he was notified
, go to his appointed place of duty and asserting that his
offenses did not warrant a discharge under other than honorable
conditions.
f.
On 8 December 2000 the commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to a pattern of misconduct.
The discharge
authority approved the recommendation and Petitioner was so
discharged on 28 December 2000.
His DD Form 214 shows two
periods of UA, totaling about seven days, for which no
disciplinary action is shown in the record.
!J.
Regulations provide that individuals separated within
Regulations authorize separation
the first 180 days of active duty will received an
ized entry level separation.
by reason of misconduct due to a pattern of misconduct if an
individual receives two or more
enlistment.
honorable conditions, but a general discharge is also
authorized.
unless approved by the Chief of Naval Personnel or higher
authority.
reenlistment code to individuals discharged by reason of
misconduct.
Such separations are normally under other than
An honorable characterization is not authorized.
Regulations also require the assignment of an RE-4
NJPs during the current
uncharacter-
h.
Petitioner requests that his discharge be changed to an
entry level separation.
2
CONCLUSION:
.request warrants favorable
In this regard, the Board notes Petitioner did not meet
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's
action.
the criteria for an entry level separation since processing for
discharge commenced after he had served on active duty for more
However, the Board further notes Petitioner's
than 180 days.
youth and immaturity, and that the offenses for which he
received two
Although Petitioner
met the criteria for separation due to a pattern of misconduct,
the Board does not believe that his misconduct was sufficiently
serious to warrant the life-long stigma of a discharge under
other than honorable conditions.
concludes that it would be appropriate and just to
ize his other than honorable discharge to a general discharge
under honorable conditions.
concludes that his reenlistment code was proper and no change is
warranted.
NJPs were relatively minor.
However, the Board further
Accordingly, the Board
recharacter-
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by showing
that he was issued a general discharge on 28 December 2000 vice
under other than honorable conditions actually issued on that
date.
b.
That no further relief be granted.
C .
That a copy of the Report of Proceedings be filed in
Petitioner's naval record.
d.
That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 10 March 2001.
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.
/8
&g
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMITH
Acting Recorder
3
Pursuant to the delegation of authority set out in Section 6
5.
(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, 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),
Board on behalf of the Secretary of the Navy.
has been approved by the
Executive D
4
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