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NAVY | BCNR | CY2007 | 01119-07
Original file (01119-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-S 100
                 

                  TRG
Docket No:1119-07
         14 Nay 2008
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:   

Ref:     (a) Title 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 member of the Navy, filed an application with this Board
requesting a better characterization of service than the
discharge under other than honorable conditions issued on 12 July
1991.
         2.      The Board, consisting of and Ms.
         reviewed Petitioners allegations of e r ror and injustice
         April 2008 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 it appears that Petitioner’s application was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and consider the application on its merits.
c.       Petitioner enlisted in the Navy on 22 August 1988 at age
 18.      He successfully completed initial training and reported to his first duty station on 4 February 1989. A review of his enlisted performance record reveals that during the period from 31 January 1989 to 15 January 1991 he was evaluated on three occasions and received no marks below 4.0 in the categories of rate knowledge, reliability and personal behavior. During this period on 16 February 1991 he was advanced to petty officer third class.
 d.       On 15 June 1991 Petitioner received nonjudicial punishment for wrongful use of a controlled substance. The punishment imposed included forfeitures of pay and a reduction in rate. As required by regulations, he was immediately processed for an administrative discharge. In connection with this processing, he elected to waive his right to have his case heard by an administrative discharge board. After review, the discharge authority directed discharge under other than honorable conditions by reason of misconduct due to drug abuse and he was so discharged on 12 July 1991.
e.       Petitioner contends in his application, that his discharge is now inequitable because it was based on an isolated incident and that he otherwise had an~ excellent record. A member of his family had submitted a letter stating that Petitioner is a severe diabetic who cannot work and is now homeless. it is also stated that the family members lack the resources to adequately care for him. They believe that Petitioner has been adequately punished by having the adverse discharge for over 16 years.
CONCLUSION:      -
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. It is clear from the record, •that Petitioner was properly discharged by reason of misconduct due to drug abuse and this fact is not disputed. However, it is also clear that Petitioner served in an excellent manner prior to the incident of drug abuse. Given this fact, the passage of time since his discharge and his severe illness, the Board concludes that recharacterizatjon of the discharge is now warranted as a matter of clemency. Therefore, Petitioner’s record should be corrected to show that on 12 July 1991, he was issued a general discharge vice the discharge under other than honorable conditions now of record.
The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand the reasons for the recharacterization of the discharge.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that on 12 July 1991 he was issued a general discharge by reason of misconduct vice the discharge under other than honorable conditions now of record.
b. That the Department of Veterans Affairs be informed upon request that Petitioner’s application was received by the Board

2
on 5 February 2007.
c. 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        BRIAN J . GEORGE
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 Regulations, 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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