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NAVY | BCNR | CY2007 | 04162-07
Original file (04162-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                             


                                             SJN
                                                                                           Docket No: 04162-07
                                                                                          19 February 2008
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)      Subjects naval record
         


         1.       Pursuant to the provisions reference (a Petiti oner
         former enlisted member of the N aval Board requesting an upgrade of his other than honorable discharge
(0TH)
                   i
2.       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. 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 10 July 1996 at age
 17.      On 26 April 1999, Petitioner’s commanding officer issued him an administrative counseling and warning for indebtedness. It was recommended that he refrain from further instances of indebtedness and that assistance was available through his chain of-command. Additionally, he was counseled and warned concerning the consequences of further misconduct.

d.       On 20 January and 21 June 2000, Petitioner received nonjudicial punishment (NJP) for three specifications of failure to obey an order and instances of dishonorably failing to pay debt.
e.       Based on the information currently contained in Petitioner’s record it appears that he was notified of pending administrative separation action by reason of misconduct due to commission of a serious offense. 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 by reason of misconduct and be assigned an 0TH.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petiti oner s request warrant fierce able action.
In this regard, the Board notes Petitioner’s overall ± record of military service, including his two NJP’s for indebtedness. mhe Board concluded that even though the 0TH was proper, based on Petitioner’s overall record of military service, including over four years of service, and being awarded the Good Conduct Medal, the record should reflect a general characterization of service.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that on 15 September 2000 Petitioner was issued a general discharge vice the 0TH 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 26 June
 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.

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 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.

        


                                                              
         W. DEAN PFEIFFER
 Executive Director
         

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