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NAVY | BCNR | CY2007 | 05601-07
Original file (05601-07.rtf) Auto-classification: Approved
                                             DEPARTMENT OF THE NAVY
                                             BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      2 NAVY ANNEX
                                             WASHINGTON DC 20370-5100


TJR
 Docket No: 5601-07
          8 April 2008

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         

         Subj: R EVIEW 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 that the characterization of his discharge be changed.
2 .       The Board consisting of _ reviewed Petitioner’s allegations of erro r an d injustice on 8 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 enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and review the application on its merits.
c.       Petitioner enlisted in the Navy on 18 September 1978 at the age of 18 and served without disciplinary incident. He reenlisted in the Navy on 18 September 1982 after four years of prior active service.
 d.       Petitioner served as a Medical Photography Technician and advanced in rate to paygrade E-3. He received two Good Conduct Medals and a Navy Achievement Medal for professional achievement in the superior performance of his medical photography duties.
e.       During Petitioner’s last period of service he continued to serve without disciplinary incident until 22 November 1988, when he received nonjudicial punishment (NJP) for wrongful use of cocaine. The punishment imposed was a $519 forfeiture of pay, extra duty for 45 days, and a reduction to paygrade E-3, which was suspended for six months.
f.       Subsequently, Petitioner was notified of pending administrative separation action by reason of misconduct due to drug abuse. Although he waived his procedural rights, he submitted a written request to his commanding officer in which he sought assistance for drug abuse. On 16 December 1988 Petitioner’s commanding officer recommended he be separated from the Navy and offered drug rehabilitation. This recommendation stated, in part, as follows:
(Member) served honorably through 10 years; however, he now exhibits behavior incompatible with continued service. He has requested assistance in dealing with his drug dependency. I recommend he be offered drug treatment and issued an other than honorable discharge.
g.       Petitioner was processed for an administrative separation by reason of misconduct due to drug abuse, and on 7 April 1989 he was issued an other than honorable discharge.
h.       In Petitioner’s application, he notes his prior honorable service of more than 10 years and contends, in part, that along with his military duties of photographing dead bodies, that his youth, inexperience, and mental difficulties were key factors in his use of a controlled substance, which helped him to relax and let go of the constant thoughts of death.
i.       A Federal Bureau of Investigation (FBI) verbal report, obtained through telephone conversation, indicates that Petitioner’s post service conduct has been served without incident in the civilian community.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action.


2


The Board notes the nature of Petitioner’s misconduct and does not condone his infraction. However, the Board’s finding is based on Petitioner’s prior honorable service, in which he received two Good Conduct Medals and a Navy Achievement Medal. The Board also considered Petitioner’s contention that his youth and inexperience were key factors in his use of a controlled substance. The Board further considered his good post service conduct for the last 19 years, as evidenced by a verbal FBI report.
Based on the foregoing, and considering the fact that Petitioner has suffered the consequences of such a discharge for nearly 20 years, the Board concludes that no useful purpose is served by continuing to characterize his service as having been under other than honorable conditions, and recharacterization to a general discharge is appropriate.
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that he was issued a general discharge on 7 April 1989 vice issued an other than honorable discharge on the same day.
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 by the Board on 20 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        B RI A N J. GEORGE
Recorder         Acting Recorder







3



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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