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NAVY | BCNR | CY2006 | 05801-06
Original file (05801-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
          WASHINGTON DC 20370-5100



                                                      SJN
         Docket No: 05801-06
         15 September 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)      Subjects 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.
          C onsistin g and
          reviewed Petitioner is a error and injust        ice on 12 September 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 26 September
 1984 at age 19. During the period from 20 September 1985 to
10 March 1987 he received three nonjudicial punishments (NJP’s)
for feigning illness, dereliction of duty, two instances of
absence from his appointed place of duty, and an apparently brief
period of unauthorized absence WA). Additionally, he was
 counseled and warned that further misconduct could result in his administration discharge processing.
d.       The record reflects that Petitioner was discharged under other than honorable conditions on 9 April 1987 by reason of misconduct due to a pattern of misconduct. Although it appears that he waived his right to an administrative discharge board (ADB), the separation package is not included in the service record.
e.       In his application, Petitioner explains the circumstances surrounding his offenses, and states that with his other than honorable discharge, he cannot join the California Army National Guard, and if it was changed to a general discharge, he could enlist in the Guard. Petitioner has also submitted letters from two members of the California Army National Guard and several other individuals attesting to his character and recommending that he be enlisted in the Guard.
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, the Board concluded that the available evidence in the record shows that Petitioner was properly separated by reason of misconduct due to a pattern of misconduct. However, the Board also notes Petitioner’s youth, time in service, the minor nature of most of his offenses, and the character reference letters attesting to his desire to serve in the National Guard. Accordingly, the Board concludes that even though the discharge was proper, a general discharge is warranted as a matter of clemency. 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 9 April 1987 Petitioner was issued a general discharge vice the 0TH 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 24 July 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 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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