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NAVY | BCNR | CY2005 | 07995-05
Original file (07995-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
`                                   2 NAVY ANNEX
WASHINGTON DC 20370-5100



                           SJN
                                    Docket No: 07995-05
                                    3 March 2006


From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD OF

Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149 with attachments
 (2)      Case Summary
(3)      Subject’s naval record
1.       Pursuant to the provisions of reference (a) , Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting an upgrade of his other than honorable discharge.
2.       The Board, consisting of Mr _ Mr. and Mr. reviewed Petitioner’s record of error and injustice on 1 March 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 enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statue of limitations and review the application on its merits.
c.       Petitioner enlisted in the Navy on 4 June 1985 at age age 23. On 3 April 1986 and 2 September 1987 he received nonjudicial punishment (NJP) for a two-day period of unauthorized absence (UA), a very brief period of UA, disobedience, disrespect, dereliction of duty, drunk on duty, and drunk and disorderly conduct. Additionally, he was counseled and warned concerning the consequences of further misconduct. However, during this period he was advanced in rate to lance corporal (LCp1/E3) and received mostly satisfactory to excellent performance evaluations.
d.       On 21 October 1987, Petitioner was released from a Navy Alcohol Rehabilitation Center after he failed level III treatment.
e.       On 17 May 1988, Petitioner was recommended for separation due to unsatisfactory performance while assigned to a command weight control program.
f.       On 19 July 1988, Petitioner was notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct, alcohol rehabilitation failure, and unsatisfactory performance while on the weight control program. Petitioner waived his rights to consult counsel, submit a statement or have his case heard by an administrative discharge board (ADB).
g.       The commanding officer (CO) forwarded Petitioner’s case to the separating authority recommending discharge with an other than honorable (0TH) discharge. He was so discharged on 18 August 1988.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action even though the 0TH discharge was proper and in accordance with regulation. This conclusion is based on Petitioner’s overall record of military service, including mostly satisfactory conduct and performance for about three years. It also appears that the main reasons for separation were his alcohol and weight problems, since separation processing did not begin until almost a year after Petitioner last NJP. The Board therefore believes that the record should reflect a general discharge. In view of the foregoing, the Board recommends the following corrective action:
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that on 18 August 1988 Petitioner was issued a general discharge vice the other than honorable discharge actually issued on that date.
b.       That a copy of this report of proceedings be filed in Petitioner’s naval record.
c.       That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received on 17 November 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. ZSALMAN        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 Regulation, 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 PFEIFFER
          Executive Director

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