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
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