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NAVY | BCNR | CY2006 | 06974-06
Original file (06974-06.rtf) Auto-classification: Approved
                                             DEPARTMENT OF THE NAVY
                   BOARD FOR CORRECTION OF NAVAL RECORDS
                                              2 NAVY ANNEX
                                                       WASHINGTON DC 20370-5100 –

                                                     SJN
 Docket No: 06974-06
 23 January 2007


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


Ref:     (a) 10 U.S.C. 1552
End:     (1) Case summary
 (2)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, applied to Board requesting that his discharge be upgraded.
2.       The Board, consisting of Mr. , Mr. reviewed Petitioner’s allegations of error and injustice on 17 January 2007 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 statute of limitations and review the application on its merits.
c.       Petitioner initially enlisted in the Navy on 26 January 1977, and reenlisted on 10 February 1983 after six years of honorable service. In the course of his service, Petitioner was advanced to petty officer first class (AE1; E-6), and received two Good Conduct Medals. Until the disciplinary action that resulted in his administrative separation, Petitioner had never received nonjudicial punishment (NJP) or been court-martialed.
d.       Based on a positive urinalysis, Petitioner received NJP on 7 August 1988 for use of marijuana. The punishment imposed was a reduction to petty officer second class (AE2; E-5). Administrative discharge action was initiated by reason of misconduct due to drug abuse. Petitioner waived his rights to consult counsel, submit a statement or have your case heard by an administrative board. On 14 August 1988 Petitioner’s commanding officer recommended that he be discharged under other than honorable conditions by reason of misconduct due to drug abuse. On 17 August 1988 the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse. On 20 August 1988 Petitioner was so discharged.
e.       In his application Petitioner requests that the Board review his entire period of service and not just one momentary instance of a lapse in judgment. Further, he stated that since his discharge, he has worked hard for his family and community, attended college courses, volunteered at various community organizations, graduated from nursing school, and will be taking an examination to become a registered nurse
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 concludes that Petitioner was properly separated by reason of misconduct due to drug abuse. In this regard, the Board is aware that under today’s standards, it is not unusual for an individual to be discharged under other than honorable conditions after a single incident of drug abuse. Although the Board does not condone Petitioner’s use of drugs, he served over 11 years in an excellent manner prior to the incident that resulted in his administrative separation. Based on this record of service, including satisfactory conduct and proficiency averages and an unblemished disciplinary record, the Board believes that recharacterization to a general discharge is warranted. In view of the foregoing, the Board recommends the following corrective action:

 RECO M MENDATION:
a.       That Petitioner’s naval record be corrected to show that on 20 August 1988 Petitioner received a general discharge 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 Department of Veterans Affairs be informed that Petitioner’s application was received on 22 August
 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.


 DEAN PFEIFFER
 Executive Director




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