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NAVY | BCNR | CY2006 | 07999-06
Original file (07999-06.rtf) Auto-classification: Approved
                  DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
                 WASHINGTON DC 2O37O~5 100


Docket No: 7999-06
          7 January 2008
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         Subj:    FORMER REVIEW OF NAVAL RECORD
                 
         Ref:     (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
(2)      Subjects naval record
1.       Pursuant to the provisions of reference a applied to this Board requesting that his naval record be corrected to show a more favorable type of discharge than discharge kinder other than honorable conditions issued on 4 May 1990.

 2.       The Board, consisting of Ms. and Messrs and reviewed Petitioner’s allegations of error and injustice on28 November 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.       Petitioner enlisted in the Navy on 6 Juhe 1989.
c.       On 9 September 1989, while home from recruit training, Petitioner was apprehended by civil authorities and charged with burning a local bridge, which occurred prior to his enlistment. Available records indicate that he had helped to build a fire around a wooden bridge support, watched it burn, and called the fire department when the fire started to go out of control.




d.       On 16 February 1990 Petitioner was convicted by civil authorities of negligent handling of burning materials. The court sentenced him to confinement for nine months, but the sentence was mitigated to probation for four years and a fine of
 $50.

e.       On 29 April 1990 Petitioner’s commanding officer recommended that he be separated with a discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense. After review and approval of the recommendation by the discharge authority, Petitioner was separated on 4 May 1990 with a discharge under other than honorable conditions.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. In this regard, the Board notes that the burning of the bridge was an act of youthful indiscretion, rather than a malicious act, as evidenced by the fact he and his friends alerted the fire department once they saw the fire going out of control. The Board believes that no useful purpose will be served by continuing to characterize his service with a discharge under other than honorable conditions, and that clemency is warranted. Based on the foregoing, the Board concludes that the discharge should be upgraded to general.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that he was discharged by reason of misconduct on 4 May 1990 with a general discharge.
b. That this Report of Proceedings be filed in Petitioner’s naval record.
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        J AME S R. E XNICIOS
Recorder         Acting R ecorder
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


2
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 PFIEFFER
                                                                Executive Director

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