DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 5064-01
26 February 2002
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
1810.4B
(a) 10 U.S.C. 1552
(b) SECNAVINST
(c) BUPERSINST 1900.8
(1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
The Board,
consisting of Mr. Cooper, Mr. Milner, and Ms.
reviewed Petitioner's allegations of error and
filed enclosure (1) with this
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy,
Board requesting that changes in the characterization of his
service and his reenlistment code.
2.
Nofziger,
injustice on 20 February 2002 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, naval
records, and applicable statutes, regulations, and policies.
3.
to Petitioner's allegations of error and injustice finds as
follows:
a.
Before applying to this Board, Petitioner exhausted all
The Board, having reviewed all the facts of record pertaining
administrative remedies available under existing law and
regulations within the Department of the Navy.
b.
C .
Enclosure (1) was filed in a timely manner.
Petitioner enlisted in the Navy on 15 March 1999 at the
age of 17.
reported for advanced training.
Subsequently,
he completed recruit training and
d.
On 3 August 1999 Petitioner received nonjudicial
punishment (NJP) for four periods of unauthorized absence (UA)
totalling 28 days and three specifications of failure to obey a
lawful order, specifically,
smoking in his barracks room, leaving
and improperly wearing
the barracks after liberty was secured,
The punishment imposed was a $958 forfeiture
civilian clothes.
of pay, restriction and extra duty for 45 days, and reduction to
paygrade E-l.
e.
Subsequently, Petitioner was notified of pending
administrative separation action by reason of misconduct due to
commission of a serious offense.
Petitioner waived his rights to
consult with legal counsel,
submit a statement concerning the
proposed separation, and to present his case to an administrative
discharge board.
f.
On 6 August 1999 the commanding officer recommended
Petitioner's discharge under other than honorable conditions by
reason of misconduct and, on 9 August 1999, the discharge
authority approved this recommendation.
On 20 August 1999
Petitioner was discharged under other than honorable conditions
by reason of misconduct,
and was assigned an RE-4 reenlistment
code.
g-
Along with his application Petitioner has submitted
statements from a number of individuals who state that he was
extremely immature when he entered the Navy.
h.
Petitioner served on active duty for four months and
Reference (b) requires the issuance of an
nine days.
uncharacterized entry level separation if separation action was
initiated within 180 days of continuous active service, and the
individuals service is not characterized as under other than
honorable conditions.
i.
Reference (c) mandates the assignment of an RE-4
reenlistment code to an individual separated by reason of
misconduct.
Such a code is also required for an individual
separated within the first 180 days of active service by reason
of entry level performance and conduct.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
favorable action.
The Board initially notes Petitioner's disciplinary infractions
and does not condone his misconduct.
However, the Board is also
aware that although frequent his offenses were relatively minor.
The Board believes that
He was discharged under other than
The Board also notes that Petitioner was only 17 years old and
obviously was immature.
honorable conditions, but reference(b) authorized an
uncharacterized entry level separation.
the former characterization, although technically proper, was
inappropriate given Petitioner's youth and immaturity and the
nature of his offenses.
The Board also concludes that the assigned RE-4 reenlistment code
is proper and appropriate because such a code is authorized by
reference (c) for individuals who are discharged by reason of
misconduct.
have been assigned even if Petitioner had been discharged by
reason of entry level performance and conduct,
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
In this regard, the Board notes that this code would
a.
That Petitioner's naval record be corrected to show that
he was issued an uncharacterized entry level separation on 20
August 1999 vice the other than honorable discharge on that date.
b.
C .
That no further relief be granted.
That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
d.
That, upon request, the Veterans Administration be
informed that Petitioner's application was received by the Board
on 27 June 2001.
4.
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
It is certified that a quorum was present at the Board's
ROBERT D. ZSALMAN
Recorder
Acting Recorder
Pursuant to the delegation of authority set out in Section
5.
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
3
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 Na
Executive D
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