DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No. 4958-02
26 November
200 2
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy, applied to this Board
requesting, in effect, that his discharge be upgraded.
The Board, consisting of Messrs. Pfeiffer, Exnicios, and Shy,
2.
allegations of error and injustice on 20
reviewed Petitioner's
November 2002 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.
3.
to Petitioner's allegations of error and injustice, finds as
follows:
The Board, having reviewed all the facts of record pertaining
Documentary material considered by
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 it appears that Petitioner's application to the
Board was not filed in a timely manner, it is in the interest of
justice to waiver the statute of limitations and review the
application on its merits.
Petitioner enlisted in the Navy on 15 August 1988 at age
C .
He served without incident until 7 November 1991, when he
17.
provided a statement concerning his in-service use of marijuana,
however, the ensuing urinalysis was negative for all illegal
drugs, including marijuana.
nonjudicial punishment (NJP) for wrongful use of marijuana.
Punishment imposed was a forfeiture of $423, 45 days of
restriction and extra duty,
On 10 December 1991, he received
and reduction to
paygrade E-2.
d.
Petitioner was then notified that administrative
separation action was being initiated by reason of misconduct due
to drug abuse.
rights, except for the right to obtain copies of documents
supporting the proposed separation action.
He was advised of and waived all procedural
On 2 January 1992 the commanding officer forwarded the
separation action to the Chief of Naval Personnel (CNP)
recommending an other than honorable discharge.
1992 CNP directed an other than honorable discharge, and on 8
January 1992 Petitioner was discharged under other than honorable
conditions by reason of drug abuse (use) and assigned an RE-4
At that time, his conduct and proficiency
reenlistment code.
averages of 3.60 and 3.64 respectively would have qualified him
had he not been discharged due to
for an honorable discharge,
misconduct.
On 6 January
CONCLUSION:
The Board believes that, although Petitioner
Upon review and consideration of all the evidence of record the
Board now finds the existence of an injustice warranting
corrective action.
clearly qualified for an other than honorable discharge due to
drug abuse, the assignment of such characterization was unduly
harsh.
In this regard, Petitioner served over three years of his
four-year enlistment without any instances of misconduct prior to
The Board also
his admission of a one-time usage of marijuana.
notes that the Petitioner's discharge was based solely on his
admission without any additional supporting evidence.
Accordingly, the Board concludes that a general discharge is more
appropriate than an other than honorable discharge and concludes
that relief in the form of recharacterization is appropriate.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by changing
the record to show that he was issued a general discharge on 8
January 1992 vice the other than honorable discharge actually
issued on that date.
b.
That this Report of Proceedings be filed in
Petitioner's naval record.
C .
That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 29 May 2002.
It is certified that a quorum was present at the Board's
4.
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
r
./
/”
E. GOLDSMITH
/
ALAN
Acting Recorder
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 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),
has been approved by the Board on
behalf of the Secretary of the Navy.
Executive
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