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NAVY | BCNR | CY2002 | 05979-02
Original file (05979-02.pdf) Auto-classification: Approved
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) 

Counsel 



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