Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 06074-99
Original file (06074-99.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

CRS
Docket No: 6074-99
30 March 2001

From:
To:
Subj:

Ref:
Encl:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

RECORD OF

tW:-

(a) 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record

filed enclosure (1) with this

He also requests

consisting of Mr. Lightle, Ms. Gilbert, and Ms.

1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy,
Board requesting, in effect,
that his naval record be corrected
to show a more favorable type of discharge that the other than
honorable discharge issued on   23 December 1992.
that his reenlistment code be changed.
2. The Board,
Madison,
on 7 March 2001 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. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows:

reviewed Petitioner's allegations of error and injustice

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 Navy on 20 February 1991 at age

26.

d. A special court-martial convened on 23 October 1992 and

found Petitioner guilty of an 80 day period unauthorized absence,
from 19 June to 9 September 1992,
terminated by his apprehension.
The court sentenced him to confinement for 45 days and reduction

‘

to pay grade E-l.

e. On 2 December 1992 the commanding officer recommended that
Petitioner be separated with an other than honorable discharge by
reason of misconduct due to commission of a serious offense.
After review by the Chief of Naval Personnel (CNP), the
recommendation for separation was approved and an other than
According to Petitioner he was
honorable discharge was directed.
discharged with an other than honorable discharge and an RE-4
The record is incomplete
reenlistment code on 23 December 1992.
in that it does not contain a Certificate of Release or Discharge
from Active Duty (DD Form 214).

~

f. An advisory opinion from the Navy Personnel Command stated

that due to administrative error the case was not forwarded to
Therefore,
the Secretary of the Navy for approval as required.
the opinion recommended that Petitioner receive a general
discharge but no change to the RE-4 reenlistment code.

In this regard, the Board initially concludes that the

g. Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged by reason of
misconduct.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
relief.
despite the absence of
evidence of record is sufficient to show,
a DD Form 214, that Petitioner was discharged on 23 December 1992
under other than honorable conditions with an RE-4 reenlistment
code.
The Board also agrees with the advisory opinion that the
other than honorable discharge is inappropriate because, under
the circumstances, CNP was not authorized to direct such a
characterization and accordingly,
to a general discharge.
Although Petitioner requested that his reenlistment code be
changed, the Board notes that an RE-4 reenlistment code is
required by regulatory guidance for individuals discharged, by
reason of misconduct.
is no error or injustice in his reenlistment code.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:

the discharge should be changed

Therefore, the Board concludes that there

a. That Petitioner's naval record be corrected to show that he

was issued a general discharge by reason of misconduct on 23
December 1992 vice the other than honorable discharge.

2

b. That no further relief be granted.
c. 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 24
September 1999.
4. It is certified that a quorum was present at the Board's
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.

and that the foregoing is a true and

ROBERT D. ZSALMAN
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.

3



Similar Decisions

  • NAVY | BCNR | CY2002 | 04958-02

    Original file (04958-02.pdf) Auto-classification: Approved

    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...

  • NAVY | BCNR | CY2005 | 09474-05

    Original file (09474-05.rtf) Auto-classification: Approved

    Subj: REVIEW OF NAVAL OF RECORD Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change in his reenlistment code. He now requests a change in his reenlistment code so he can apply to the active guard and reserve.

  • NAVY | BCNR | CY2007 | 07965-07

    Original file (07965-07.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TIR Docket No: 7965-07 25 June 2008 From: Chairman, Board for Correction of Naval Records To: secretary of the Navy Subj: REVIEW NAVAL RECORD OF Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed. The Board also notes that although Petitioner was...

  • NAVY | BCNR | CY2002 | 05911-02

    Original file (05911-02.pdf) Auto-classification: Approved

    At that time he was recommended for The reporting senior stated that . He also notes that his last enlisted performance evaluation recommended him for advancement and retention. The Board reaches this conclusion even Petitioner was recommended for advancement Furthermore, in both of 3 The Board further notes the letter of substandard service and its requirements for avoiding the assignment of an RE-4 reenlistment code upon separation, specifically, that the individual request an extension...

  • NAVY | BCNR | CY2012 | 01075 12

    Original file (01075 12.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 SIN Docket No: 01075-12 3 December 2012 From: Chairman, Board for Correction of Naval Records TOY Secretary of the Navy Subj: REVIEW OF NAVAL RECORD lr Ber: {a} LO U.S.C, 1552 Encl: (1) DD Form 149 with attachments (2) Case Summary (3) Subject's naval record 1. The Board, consisting of Messrs. Zsalman and Storz and Ms. Countryman, reviewed Petitioner's allegations of...

  • NAVY | BCNR | CY2009 | 03280-09

    Original file (03280-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DG 20370-5100 SJN Docket No: 03280-09 22 February 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a} 10 U.S.C. Mr Rend Mr. 4 - reviewed Petitioner's allegations of error and injustice on 17 February 2010 and, pursuant to its regulations, determined that the limited corrective action indicated below should be taken on the available...

  • NAVY | BCNR | CY2002 | 05254-02

    Original file (05254-02.pdf) Auto-classification: Approved

    the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies. She served without disciplinary incident c.Petitioner enlisted in the Navy on 5 November 1991 for four years at age 19. until 30 April 1982, when she received nonjudicial punishment (NJP) for failure to obey a lawful order. (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 it...

  • NAVY | BCNR | CY2001 | 04149-01

    Original file (04149-01.pdf) Auto-classification: Approved

    1552 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Navy filed enclosure (1) with this Board requesting that his record be corrected to show a better reenlistment code than the RE-4 reenlistment code assigned on 15 December 1998. Schnittman, reviewed Petitioner's allegations of error and injustice on 24 October 2001 and, pursuant to its...

  • NAVY | BCNR | CY1998 | NC9808231

    Original file (NC9808231.pdf) Auto-classification: Approved

    8231-98 26 April 1999 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL 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. The CO concurred with the ADB's recommendation, stating that discharge should be suspended for 18 months to allow Petitioner's transfer to the Fleet Reserve. At the time, he had completed more than 19 years and four months of active service.

  • NAVY | BCNR | CY2002 | 03353-02

    Original file (03353-02.pdf) Auto-classification: Approved

    e. On 13 April 1992, while attending level III alcohol rehabilitation treatment, Petitioner received NJP for failure to be at his appointed place of duty and disobeying a lawful order Punishment imposed was forfeiture of $100 from a petty officer. f. Petitioner was notified on 2 June 1992 that administrative separation action was being initiated by reason of misconduct due to commission of a serious offense and alcohol rehabilitation failure. g- On 23 June 1992, the commanding officer...