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NAVY | BCNR | CY2007 | 06820-07
Original file (06820-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5~OO



 SJN
 Docket No: 06820-07
17 June 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)      Subject’s naval record
1.       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 (0TH) discharge and RE—4 reenlistment code.
2.       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 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 9 March 1988 at age age 17. During the period from 22 June 1989 to 12 April 1990, he received three nonjudicial punishments (NJP’s) for three periods of brief unauthorized absence (UA), three instances of disobedience, leaving and failing to go to his appointed place of duty.
 d.       On 18 April 1990, administrative separation action was initiated by reason of misconduct due to a pattern of misconduct. Petitioner waived his rights to consult counsel, submit a statement or have his case heard by an administrative discharge board. He elected only to obtain copies of documents supporting the basis for separation. On 26 April 1990, his case was forwarded to the separating authority for review. Subsequently, Petitioner was discharged by reason of misconduct on 4 May 1990 with an 0TH discharge.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief.
In reaching its conclusion, the Board notes Petitioner’s youth, time in service, and his three NJP’s for relatively minor disciplinary infractions. The Board concludes that even though the 0TH was proper, based on Petitioner’s overall record of military service, the record should reflect a general characterization of service as a matter of clemency.
With regard to Petitioner’s RE-4 reenlistment code, the Board concludes that it was properly assigned based on his misconduct.
In view of the foregoing, the Board recommends the following limited corrective action:
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that on 4 May 1990 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 no further relief be granted.
d.       That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received on
 28 June 2006.
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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