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NAVY | BCNR | CY2003 | 07811-03
Original file (07811-03.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                   WASHINGTON DC 20370-5100
                                                                                          TRG
 Docket No: 7811-03
 13 August 2004
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         
         Subj:    REVIEW OF NAVAL RECORD OF

Ref:     (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
 (2) Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the Marine Corps, filed an application with this Board requesting a better characterization of service then the discharge under other than honorable conditions issued on 19 July 1995.
         2.       The Board, consisting of Mr. and Ms. reviewed Petitioner’s allegations of error and injustice
 on 3 August 2004 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, regulation and policies.

3.       The Board, having reviewed all the facts of record pertaining to Petitioner’s allegation 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.       Although it appears that Petitioner’s application 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 reenlisted in the Marine Corps on 21 January 1993 at age 27. At that time, he had completed more than six years of prior active service. He then served without incident until 15 December 1994 when he received nonjudicial punishment (NJP) for dereliction of duty by willfully sleeping while on duty. In January 1995 he was counseled on two occasions concerning financial irresponsibility and substandard performance. On 16 March 1995 he received NJP for three specifications of failure to go to a stress management class. The punishment imposed was a reduction in grade to corporal.
                  d.       Because of suicidal ideation and continuing financial and marital problems, Petitioner’s command referred him to a substance abuse center for evaluation. Subsequently, he was diagnosed as alcohol dependent and recommended for a Level III inpatient rehabilitation program. On 8 May 1995 he was terminated from treatment due to his refusal to participate in the program.
        

e.       On 1 June 1995 Petitioner was notified of discharge processing by reason of misconduct due to minor disciplinary infractions and by reason of alcohol rehabilitation failure. In connection with this processing, Petitioner elected to waive the right to have his case heard by an administrative discharge board. Subsequently, the commanding officer recommended discharge, noting the diagnosis of alcohol dependence and prior counseling for substandard performance and conduct. After review, the discharge authority directed discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions. Petitioner was so discharged on 19 July 1995.
f.       An individual separated by reason of misconduct normally receives a discharge under other than honorable conditions. However, if separated due to alcohol abuse rehabilitation failure, a servicemember must be issued either an honorable or general discharge.
CONCLUSION:

Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. The Board notes his prio honorable service and the relatively minor natu e of his offenses, which may have been caused by his abuse of alcohol. Additionally, it appears to the Board that the real reason that Petitioner was separated was his alcohol abuse rehabilitation failure and not his minor misconduct. In this regard, the last NJP occurred on 16 March 1995 but separation action was not initiated until later, and only after he failed to complete level III treatment. Had he been separated for that reason, no worse than a general discharge would have been issued. Given the circumstances, the Board concludes that, in retrospect, a discharge under other than honorable conditions is too severe and should now be recharacterized to a general discharge.

RECOMMENDATION:

 a.       That Petitioner’s naval record be corrected to show that on 17 July 1995 he was issued a general discharge by reason of misconduct vice the discharge under other than honorable conditions now of record.
b. That this Report of Proceedings be filed in Petitioner’s naval record.

c. That the Department of Veterans Affairs be informed upon request that Petitioner’s application was received by the Board on 29 September 2003.

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.

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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