DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 7817-01
20 September 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref:
Encl:
FORMER
REVIEW OF NAVAL RECORD
(a) 10 U.S.C. 1552
(1) DD Form 149
(2) Psych Specialty memo, 5 Jun 02
(3) Subject ’s naval record
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
1.
filed enclosure (1) with this Board requesting,
show that he was honorably discharged, vice under other than honorable conditions.
in effect, that his naval record be corrected to
2. The Board, consisting of Messrs. Harrison, Morgan and Pfeiffer, reviewed Petitioner
22*August 2002 and, pursuant to its regulations,
allegations of error and injustice on
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.
’s
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice finds as follows:
’s allegations
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 a timely manner, it is in the
interest of justice to waive the statute of limitations and review the application on its merits.
C.
Petitioner served on active duty in the Navy from 28 July 1983 to 24 February 1986,
when he was discharged for the good of the service in lieu of trial by court-martial. The
request for discharge is not contained in the available records; however, those records
indicate that he was absent without authority on four occasions of a total duration of about 34
days during the final six months of his service, and that he was also charged with two
specifications of disobedience of lawful orders and missing the movement of a vessel.
d.
In correspondence attached as enclosure
(2), a designee of the Specialty Leader for
Psychiatry advised the Board, in effect, that Petitioner performed well from his entry in the
service until late August 1985, when he missed the movement of a vessel.
Petitioner’s was suffering from a developing mental disorder, which was diagnosed as a
bipolar disorder after he was discharged from the Navy.
was clouded and his decision making powers compromised by the effects of that illness.
He believes Petitioner ’s judgment
In his opinion,
CONCLUSION:
(2), the Board concludes that the acts of misconduct which resulted in
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure
Petitioner’s discharge in lieu of trial by court-martial were significantly mitigated by the
effects of a mental disorder from which he was apparently suffering at that time, and that his
discharge should be upgraded to general on that basis. The Board also concluded, however,
that he failed to demonstrate that he lacked mental responsibility for his actions, that his
misconduct should be excused, or that he the basis for his discharge should be amended.
In view of the foregoing, the Board finds the existence of an injustice warranting the
following corrective action.
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected to show that was discharged from the
Navy on 24 February 1986, in lieu of trial by court-martial, with a general discharge under
honorable conditions, vice the discharge under other than honorable conditions he actually
received on that date.
b. That so much of Petitioner ’s request as exceed the foregoing be denied.
C. That a copy of this Report of Proceedings be filed in Petitioner
’s naval record.
Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
4.
Records (32 Code of Federal Regulations, Section 723.6(c)) 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
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.
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