DEPARTMENTOFTHE NAVY
BOARD FOR C O R R E C T I O N OF NAVAL RECORDS
CRS
Docket No: 5979-02
18 December 2002
WASHINGTON D C 20370-5100
2 N A V Y A N N E X
Subj: REVIEW OF NAVAL RECORD OF - Ref: (a) 10 U.S.C. 1552
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Encl: (1) Case Summary
(2) Subjectf s naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps, applied to this Board
requesting that his naval record be corrected to show a more
favorable type of separation that the discharge under other than
honorable conditions issued on 27 August 1984.
2. The Board, consisting of Ms. McCormick, Mr. Harrison, and Mr.
McPartlin, reviewed Petitionerfs allegations of error and
injustice on 19 November 2002 and, pursuant to its regulations, a
majority 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, 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 it appears that enclosure (1) was not filed in
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 on 29 May 1981 at
age 17. At that time, he had completed ten years of formal
education.
d. In December 1981 Petitioner received a meritorious mast for
outstanding performance of duty. ~ u r i n g his service, he
eventually attained the rank of lance corporal (E-3)-
e. The record also reflects that petitioner received
nonjudicial punishments on 23 April 1982 and 1 August 1984 and
was convicted by a special court-martial on 10 January 1984. The
offenses included possession of marijuana, an unauthorized
absence of 41 days, two instances of willful disobedience of a
lawful order, and failure to obey a lawful order. These
disciplinary actions resulted in reductions in rank to private
( - 1 ) Pursuant to the sentence of the court-martial, Petitioner
was confined for nearly three months.
f. On 14 August 1984, after Petitioner was advised of
administrative separation action and waived his procedural
rights, the commanding officer recommended that he be separated
with an other than honorable discharge by reason of misconduct
due to a pattern of misconduct. The discharge authority approved
the recommendation and directed an other than honorable
discharge. Petitioner was so discharged on 27 August 1984.
g. In his application, Petitioner gives his version of the
events leading to the three disciplinary infractions. He also
contends that this discharge was unfair since it did not take his
periods of good service into consideration.
MAJORITY CONCLUSION:
Upon review and consideration of all the evidence of record, a
majority of the Board, consisting of Mr. McPartlin and Ms.
McCormick, concludes that Petitioner's request warrants favorable
action. In this regard, the majority initially notes
Petitioner's youth and obvious immaturity, and limited formal
education. He also had periods of good service. The majority
also believes that although frequent, Petitioner's disciplinary
actions were relatively minor. In this regard, the majority
notes Petitioner's drug offense, but is also aware that it was
not unusual at the time for a one-time drug offender to be
retained in the service. Further, the majority notes
Petitioner's explanation for his misconduct and believes there
may have been some extenuating and/or mitigating circumstances in
his offenses. Based on the foregoing, the majority does not
believe that Petitioner's record is so bad as to warrant a
characterization of under other than honorable conditions.
Accordingly, the majority concludes that the discharge should be
recharacterized to general.
MAJORITY RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
was issued a general discharge by reason of misconduct on 27
August 1984 vice the other than honorable discharge issued on
that date.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
c. That,. upoq request, the Veterans Administration be informed
that Petitioner's application was received by the Board on 28
June 2002.
MINORITY CONCLUSION:
The minority member of the Board, Mr. Harrison, disagrees with
the majority and concludes that Petitioner's request does not
warrant favorable action. He disagrees with the majority and
believes that Petitioner's offenses were serious; possession of
drugs, an unauthorized absence in excess of 30 days, and three
instances of failure to obey a lawful order, two of which were
willful. Any of these offenses could have resulted in a punitive
discharge. The minority is aware of Petitioner's youth and
immaturity, limited education and periods of good service.
However, the minority believes that serious misconduct such as
Pet it ioner s
MINORITY RECOMMENDATION:
That Petitioner's request be denied.
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.
ROBERT D. ZSALMAN
Recorder
Acting Recorder
5. The foregoing action of the Board is submitted for your review
and action.
MAJORITY REPORT:
JAN
8 2003
(Manpower and Reserve A£ £ airs)
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