Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 11249-06
Original file (11249-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5~QO


                                             SJN
                                                                                           Docket No: 11249-06
                                                                                          29 June 2007


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)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting an upgrade of his other than honorable discharge.
2.       The Board, consisting of Mr. Ms. and Mr. reviewed Petitioner’s allegations of error and injustice on 27 June 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 statue of limitations and review the application on its merits.






c.       Petitioner enlisted in the Navy on 22 August 1994 at age 18. During the period from 3 August 1995 to 3 August 1996 he received three nonjudicial punishments (NJP’s) for four instances of insubordination, disrespect, underage drinking, destruction of
 government property, and disobedience. Additionally, he was counseled and warned concerning the consequences of further misconduct.
d.       On 5 August 1996, Petitioner was notified of pending administrative separation action by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct. He was further advised that the least favorable characterization of service he could receive would be a general discharge. Petitioner, waived his right~ to consul counsel and to submit in response to the administrative discharge action.
e.       On 7 August 1996 his commanding officer (CO) forwarded Petitioner’s case to the Chief of Naval Personnel. He stated, in part, that Petitioner had not made the transition from civilian to Sailor and that his work ethic was average at best. Further, his contempt of authority figures and divisiveness within his division made him an intolerable liability to the command. Finally, he stated that the Petitioner was being transferred to a transient personnel unit (TPU) for separation processing and that the TPU would determine the date and characterization of service. Petitioner received an other than honorable (0TH) discharge on 4 October 1996.
f.       With his application, Petitioner states that he was mislead into thinking that he was to be issued a general discharge, only learned that he was being issued an 0TH on the day of his discharge and was not afforded legal counsel.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action.
The CO’s letter of notification shows that Petitioner was informed that the least favorable characterization of service in his case would be a general discharge and he clearly waived his procedural rights based on the expectation that he would receive a general discharge. Although, the CO’s subsequent letter states that the TPU would determine Petitioner’s characterization of service, the record fails to show that Petitioner was ever advised that he could receive an 0TH discharge or that prior to the issuance of such a discharge, he would be entitled to present his case to an administrative discharge board.

2


RECOMMENDATION



a.       That Petitioner’s naval record be corrected to show that on 4 October 1996 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 27 December 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 7 23.6(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

Similar Decisions

  • NAVY | BCNR | CY2007 | 03364-07

    Original file (03364-07.rtf) Auto-classification: Approved

    On 14 March 1996, he was assigned to the Marine Corps weight control program. The Board is aware that during the time of Petitioner’s service, regulations authorized service members to be administratively separated with an 0TH discharge by reason of misconduct. Regulations also authorized a general characterization of service.CONCLUSION:Upon review and consideration of all evidence of record, the Board concludes that Petitioner’s request warrants partial relief.

  • NAVY | BCNR | CY2007 | 06693-07

    Original file (06693-07.rtf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SJNDocket No: 06693-07 2 June 2008From: Chairman, Board for Correction of Naval Records To: Secretary of the NavySubj REVIEW OF N VAL RECORD OFRef: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change to his RE-4 reenlistment code.2 The Board consisting of reviewed Petitioner’s...

  • NAVY | BCNR | CY2007 | 04162-07

    Original file (04162-07.rtf) Auto-classification: Approved

    The Board, consisting of Ms. Ms. and Mr. reviewed Petitioner’s allegations of error and injustice on 13 February 2008 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. It also appears that when he was notified of this action, he waived the right to present his case to an administrative discharge board. Subsequently, on 15 September 2000 the discharge authority directed that Petitioner be discharged...

  • NAVY | BCNR | CY2005 | 08177-05

    Original file (08177-05.rtf) Auto-classification: Approved

    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. On 5 June 1986 an ADB, unanimously found that Petitioner had...

  • NAVY | BCNR | CY2005 | 07995-05

    Original file (07995-05.rtf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS` 2 NAVY ANNEXWASHINGTON DC 20370-5100 SJNDocket No: 07995-05 3 March 2006From: Chairman, Board for Correction of Naval Records To: Secretary of the NavySubj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. The Board, consisting of Mr_ Mr. and Mr. reviewed Petitioner’s record of error and injustice on 1 March 2006 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available...

  • NAVY | BCNR | CY2007 | 07816-07

    Original file (07816-07.rtf) Auto-classification: Approved

    On 15 August 1990, the chaplain provided a letter to the commanding officer which stated that Petitioner and his wife were both immature, and that after one problem was resolved, another problem would arise. He concluded by recommending that Petitioner should be discharged for the good of the service. That Petitioner’s naval record be corrected to show that he was separated with a general discharge on 9 November 1990, vice the 0TH discharge issued on that date.b.

  • NAVY | BCNR | CY2007 | 07238-07

    Original file (07238-07.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, applied to this Board requesting to change the reason for separation (Misconduct-Drug Abuse (Use)) and an upgrade of the other than honorable (0TH) characterization of service that was issued on24 September 1985.2 The Board, consisting of MrMr , and Mr. reviewed Petitioner’s allegations of error and injustice on 2 April 2008, and pursuant to its regulations, determined that the partial corrective...

  • NAVY | BCNR | CY2007 | 06883-07

    Original file (06883-07.rtf) Auto-classification: Approved

    DEPARTMENT OF THE NAVYBOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 20370-5100 SMWDocket No: 6883-07 21 March 2008From: Chairman, Board for Correction of Naval Records To: Secretary of the NavySubj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. On 13 May 1982, a psychiatric evaluation diagnosed him as having an immature personality, and emotional and intellectualproblems. However, the Board believes that Petitioner did not warrant an 0TH characterization of service, given...

  • NAVY | BCNR | CY2007 | 06797-07

    Original file (06797-07.rtf) Auto-classification: Approved

    The Board, consisting of Mr. Mr., and Mr. reviewed Petitioner’s allegations of error and injustice on 10 June 2008 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Petitioner’s request for discharge was granted and on 6 December 1974 he received an 0TH discharge for the good of the service in lieu of trial by court-martial. That upon request, the Department of Veterans Affairs be informed that...

  • NAVY | BCNR | CY2007 | 06820-07

    Original file (06820-07.rtf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 2O37O-5~OOSJNDocket No: 06820-07 17 June 2008From: Chairman, Board for Correction of Naval Records To: Secretary of the NavySubj: REVIEW OF NAVAL RECORD OFRef: (a) 10 U.S.C:. The Board, consisting of Mr. Mr. - and Mr. reviewed Petitioner’s allegations of error and injustice on 10 June 2008 and, pursuant to its regulations, determined that the limited corrective action indicated below should be taken on...