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NAVY | BCNR | CY2006 | 04143-06
Original file (04143-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTFON OF NAVAL RECORDS
                                    2 NAVY ANNEX
                   WASHINGTON DC 20370 -5100


                                                               CRS
                                                      Docket No: 4l43- 0 6
                                                                                           24 August 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
         
         En cl :    (1)      DD Form 149 w/attachments
                  (2)      Case Summary
                  (3)      Subject’s naval record
1. Pursuant to the provisions of reference (a), Petitioner a
former enlisted member of the Naval Reserve, filed enclosure (1)
with this Board retesting , in effect, that his naval record be
corrected to show a more favorable type of discharge than the
other than honorable discharge issued on 13 October 1992.
2 The Board, consisting of Mr Mr and Ms reviewed Petitioner’s allegations of error and injustice on 26 July 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 11 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 Naval Reserve for eight years on 26 November 1986.
                           d.       On 13 July 1987 Petitioner reported for a period of initial active duty for training that was completed on 18 December 1987. He then returned to his reserve unit and drilled satisfactorily for about three years. On 1 December 1990 he was recalled to active duty ~or Desert Storm and served until 30 April 1991, at which tim4 he returned to his reserve unit. He then participated satisfactorily for about a year.

e.       Petitioner was hospitalized from 1 to 8 June 1992 due to a major depressive episode after physically abusing his girlfriend. Subsequently, he was officially notified to report for annual active duty for training commencing on 13 July 1992.
f.       On 17 July 1992 his commanding officer recommended that Petitioner be separated with an other than honorable discharge by reason of unsatisfactory participation based on his failure to attend annual active duty for training. After review by the discharge authority, the recommendation for separation was approved and Petitioner was discharged on 13 October 1992 with an other than honorable discharge.
g.       Petitioner argues that he missed annual active duty for training due to his hospitalization and diagnosis of major depression.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. While the Board agrees that Petitioner was correctly processed for unsatisfactory participation, the Board believes that a discharge under other than honorable conditions is overly harsh since Petitioner’s mandatory obligation was to be completed in November 1992 and he had been recalled to active duty during Desert Storm. The Board also noted that his mental illness may have prevented him from attending annual active duty for training. Accordingly, the Board recommends that Petitioner’s discharge be changed to a general discharge as a matter of clemency.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that he was issued a general discharge on 13 October 1992 by reason of unsatisfactory participation 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 1 May
 2006.
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 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 PFEIFFER
 Executive Director

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