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NAVY | BCNR | CY2002 | 09911-02
Original file (09911-02.pdf) Auto-classification: Approved
DEPARTMENT OF THE  NAVY 

BOARD  FOR  C O R R E C T I O N O F N A V A L   RECORDS 

2  NAVY  ANNEX 

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

FC 
Docket No:  09911-02 
21 April 2003 

From: 
To: 

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

Subj:  REVIEW OF NAVAL RECORD OF 

Ref: 

(a) 10 U.S.C.  1552 
(b) DODDIR 1332.14 
(c) SENAVINST lglO.4A 
(d) MILPERSMAN 

Encl: .  (1) DD Form 149 wlattachments 

(2) Case Summary 
(3) Subject's naval record 

1.  Pursuant to the provisions of reference (a), Petitioner, a 
former enlisted member of the Navy, applied to this Board 
requesting, in effect, recharcterization of his discharge under 
other than honorable conditions. 

2.  The Board, consisting of Mr. Morgan, Mr. Pfeiffer, and Mr. 
Dunne reviewed Petitioner's allegations of error and injustice on 
9 and 14 April 2003 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: 

a.  Before applying to this Board, Petitioner exhausted all 

administrative remedies available under existing law and 
regulations within the Department of the Navy. 

b.  Petitioner enlisted in the Navy on 31 July 1978 at age 

18.  He served well and was honorably discharged on 30 July 1981 
for the purpose of immediate reenlistment.  On 31 July 1981 he 
reenlisted in the Navy. 

c.  Petitioner then served without incident until 14 May 

1983, when he was apprehended by civil authorities and charged 
with drunk driving.  On 21 May 1983, he was convicted and 

sentenced to 113 days in confinement.  On 13 August 1983, he was 
returned to military authorities. 

d.  On 17 August 1983 was advised that administrative 

separation was being initiated by  reason of misconduct due to a 
commission of a serious offense and alcohol rehabilitation 
failure. On that same day, he was advised of his procedural 
rights, and elected the right to obtain copies of documents 
forwarded to the separation authority supporting the basis for 
the proposed separation and the right to be represented by 
counsel at an administrative discharge board  (ADB). 

e.  On 23 September 1983, he received nonjudicial punishment 
(NJP) for disrespect, disobedience, and being drunk on duty, and 
was awarded forfeitures of pay, extra duty, and a suspended 
reduction to paygrade E-4.  On 8 November 1983, he commenced a 
period of unauthorized absence and was declared a deserter on 8 
December 1983. 

f.  On 23 February 1984, an ADB recommended that Petitioner 

be separated with a general discharge.  On 28 March 1984, the 
commanding officer recommended discharge under other than 
honorable conditions vice the general discharge recommended by 
the ADB. 

g.  On 27 March 1984, Petitioner returned to military 

control. However, on 2 April 1984 he again became an unauthorized 
absentee and on 10 April 1984, the Commander, Naval Military 
Personnel Command  (CNMPC) directed an other than honorable 
discharge in absentia.  He was so discharged on 16 April 1984. 

h.  Applicable provisions of references (c) and  (d) stated 
that a separation authority could not approve a less favorable 
characterization than that recommended by  an ADB. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the 
Board concludes that Petitioner's request warrants favorable 
action.  The Board concluded that Petitioner was correctly 
processed for administrative separation by  reason of misconduct. 
However, since applicable regulations require that the discharge 
directed be no less than what the ADB recommended, it was 
improper for CNMPC to direct an other than honorable discharge 
after the ADB recommended a general discharge.  Therefore, the 
Board believes that recharcterization is warranted. 

RECOMMENDATION: 

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

he was issued a general discharge on 16 April 1984 vice the other 
than honorable discharge actually issued on that date. 

b.  That a copy of this Report be filed in Petitioner's 

naval record. 

c.  That, upon request, the Department of Veterans Affairs 

be informed that Petitioner's application was received by the 
Board on 20 November 2002. 

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 

ALAN  E.  GOLDSMITI+ 
Acting 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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