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NAVY | BCNR | CY2005 | 07784-05
Original file (07784-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
                   WASHINGTON DC 20370-5100



                                                      CRS
                                                      Docket No: 7784-05
                                             15 September 2006

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) DD Form 149 w/attach m ents
 (2)      Case Summary
(3)      Subjects naval record
1.       Pursuant to the provisions of reference (a) , Petitioner, a former member of the Navy Reserve, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show a more favorable type of discharge than the other than honorable discharge issued on 16 March 1988.
2 The Board consisting of Messrs and reviewed Petitioner’s allegations of error and injustice on 16 August 2006 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.       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 enlisted in the Navy Reserve on 16 August
 1985.



d.       Petitioner reported for initial active duty for training (ACDUTRA) on 27 August 1985. On 11 December 1985 he was released from active duty and assigned to a Navy Reserve unit.
e.       On 31 March 1987 Petitioner’s commanding officer (CO) recommended his retention despite Petitioner’s self-referral for
 use of drugs.
f.       On 24 January 1988 Petitioner’s CO recommended his separation due to a positive urinalysis for cocaine. On 9 February 1988 the discharge authority recommended that Petitioner be separated based on his final overall enlisted performance evaluations. However, his last evaluation ended prior to his self-referral for drugs and his positive urinalysis for cocaine.
g.       On 9 February 1988 the Bureau of Naval Personnel directed Petitioner’s discharge by reason of misconduct due to drug abuse, with the type of discharge warranted by his service record, either honorable or general.
h.       On 16 March 1988 the local reserve center discharged Petitioner from the Navy Reserve but no characterization of service or reason for separation was assigned. Upon receipt of his service record, the Naval Reserve Personnel Center discharged Petitioner with an other than honorable discharge by reason of misconduct due to drug abuse, effective 16 March 1988.
i.       In a case such as Petitioner’s, character of service was based on conduct and overall trait averages, both of which were computed from marks assigned during periodic evaluations. Petitioner’s conduct and overall trait averages, computed from available marks assigned prior to the two drug related incidents, were 3.40 and 3.52, respectively. The minimum average marks required for a fully honorable characterization of service at the time of Petitioner’s discharge were 3.0 in conduct and 2.8 in overall traits.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action since the Bureau of Naval Personnel especially directed that he receive no worse than a general discharge. This is the most appropriate characterization since the Board believes that two drug related incidents would have resulted in marks that would have lowered his averages below those required for an honorable discharge. Accordingly, the Board concludes that the other than honorable discharge should be recharacterized to a general discharge.




RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that he was issued a general discharge by reason of misconduct on 16 March 1988 vice the other than honorable discharge actually issued on that date.
b. That this Report of Proceedings be filed in Petitioner’s naval record.
c. That, upon request, the Veterans Administration be informed
that Petitioner’s application was received by the Board on 20
September 2005.
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 ZS ALMAN         ALAN E. GOLDSMITH
Recorder         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.


W.       DEAN PF EIFFER
Executive Dir ector

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