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NAVY | BCNR | CY2005 | 08177-05
Original file (08177-05.rtf) Auto-classification: Approved

Docket No: 08177-05
 9 March 2006



From:    Chairman, Board for Correction of Naval Records
 To:      Secretary of the Navy
Subj:    ____ 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 T      d, consisting of reviewed Petitioner’s allegations of error and injustice on 8 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 Marine Corps on 20 December
 1983 at age 18. During the period from 21 February to
11 September 1985 Petitioner received three nonjudicial
punishments (NJP’s) for three period of unauthorized absence (UA)
 totaling seven days and was convicted by two summary courts-martial (SCM’s) of breaking restriction.
d.       On 19 May 1986, Petitioner was notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. He elected to consult with legal counsel and subsequently requested an administrative discharge board
 (ADB).
e.       On 5 June 1986 an ADB, unanimously found that Petitioner had committed misconduct due to a pattern of misconduct, and recommended discharge under other than honorable conditions. The commanding officer (CO) concurred with the ADE and forwarded his case to the discharge authority for review.
f.       On 2 July 1986 the discharge authority directed an other than honorable discharge (0TH). Petitioner was so discharged on 15 June 1986.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action.
After careful and conscientious consideration of the entire record, including his three NJP’s and two convictions by SCM, the Board concludes that the 0TH was technically proper given the pattern of misconduct. However, based on Petitioner’s overall record of military service of over three years, especially the period of good service and relatively minor nature of his infractions, the record should reflect a general characterization of service. 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 15 June 1986 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 Dir ector

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