DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20870-5100
SMW
Docket No: 486-07
19 July 2007
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD OF 1
Subj:
Ref: (a) 10 U.S.c. 1552
Encl: (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 this Board
requesting an upgrade of the discharge under other than honorable
conditions he received on 10 December 1991, and a change in the
reason for separation.
2. The Board, consisting of Mr. RR: Mr RRR 206 Mr.
reviewed Petitioner's allegations of error an injustice on
18 July 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.
d. On 5 and 24 October 1991 Petitioner received nonjudicial
punishment (NJP) for assault and battery, and use of marijuana.
e. A subsequent medical evaluation found that there was
evidence of psychological addiction to drugs, but there was no
medical contraindication to Petitioner's discharge. On
25 October 1991 he declined treatment for drug dependency.
f. On 25 October 1991 Petitioner's commanding officer (CO)
initiated administrative separation by reason of misconduct due
to drug abuse and commission of a serious offense. In connection
with this processing, Petitioner waived his right to have his
case heard by an administrative discharge board (ADB). On
30 October 1991 the separation authority approved the discharge
recommendation and directed an other than honorable discharge by
reason of misconduct due to commission of a serious offense.
g. On 31 October 1991 Petitioner began a period of
unauthorized absence (UA) that ended on 21 November 1991, a
period of about 21 days. However, it appears that no
disciplinary action was taken.
h. On 10 December 1991 Petitioner was separated with an other
than honorable discharge by reason of misconduct due to
commission of a serious offense.
i. In his application, Petitioner states that he has made a
verifiable change in his lifestyle and also established a
concrete record in the community. Petitioner further states that
he is married with three children, all of whom are excellent
students. He further states that he has been employed as a U.S.
Border Patrol Agent since January 2002 and is active in his
community and church. Petitioner states that he would like an
honorable discharge in order for he and his family to be eligible
for federal and state benefits.
j. With his application, Petitioner provided letters of
reference, proof of employment and income, employment history, a
work performance report, children's report cards, and letters of
recognition. A report from the Federal Bureau of Investigation
(FBI) reveals that he was convicted of driving under the
influence of alcohol in 1992, but has maintained a clean record
since then.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
relief. Specifically, the Board believes that Petitioner’s
disciplinary action was proper and his discharge was in
accordance with regulations. Therefore, separation by reason of
misconduct due to commission of a serious offense was warranted.
However, the Board notes that his only disciplinary actions
occurred after more than three years of good service during which
he was promoted to third class petty officer. The Board also
considered Petitioner's exemplary good post service conduct and
achievements in the civilian community. Therefore, as a matter
of clemency the Board concludes that Petitioner’s separation
should be changed to a general discharge.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
received a general discharge on 10 December 1991, vice the other
than honorable discharge actually issued on that date.
b. That no further relief be granted.
c. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
d. That upon request, the Veterans Administration be informed
that Petitioner’s application was received by the Board on
17 January 2007.
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. LEE
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.
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