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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