Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 06883-07
Original file (06883-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 SMW
Docket No: 6883-07
21 March 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) 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 honorable discharge vice the other than honorable (0TH) discharge that was issued on 15 June 1983.
2.       The Board, consisting of Mr , Ms , and Mr , reviewed Petitioner’s allegations of error and injustice on 19 March 2008, and pursuant to its regulations, determined that the partial 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 Petitioner’s application 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.       On 10 September 1981, Petitioner enlisted in the Navy at age 18. On 30 April 1982, he had nonjudicial punishment (NJP) for two periods of unauthorized absence (hA) totaling 11 days. On 13 Nay 1982, he had a psychiatric evaluation during which he stated that he had substantial problems in the Navy, was depressed and had one suicide attempt while in high school. The evaluation diagnosed him as having an immature personality and inappropriate reaction. On 13 May 1982, a psychiatric evaluation diagnosed him as having an immature personality, and emotional and intellectual
problems. The psychiatrist encouraged him to do a good job, make friends, take himself less seriously and seek counseling while on board ship.
d.       During the period 21 May 1982 to 6 May 1983, Petitioner had four NJP’s for three instances of UA totaling about 13 days and two instances of absence from his appointed place of duty. Based on the information currently contained in the record, it appears that his commanding officer subsequently initiated administrative separation by reason of misconduct due to a pattern of misconduct. it also appears that Petitioner acknowledged that separation could result in an 0TH discharge and waived the right to have his case heard by an administrative discharge board (ADB). On 20 May 1983, his commanding officer recommended an 0TH discharge and indicated there were no applicable psychiatric or medical evaluations to be included. On 8 June 1983, the separation authority approved the separation recommendation and directed an 0TH discharge by reason of misconduct due to a pattern of misconduct. On 9 June 1983, he had NJP for disobedience of a lawful order. On
 15 June 1983, he was separated with an 0TH discharge by reason of misconduct due to a pattern of misconduct.
e.       Petitioner states that he was misdiagnosed when he was in the Navy. With his application, he provided a letter from “The Beacon of Hope House”, a level II congregate care residence for people with psychiatric diagnoses, which states that he was hospitalized in 1984 for psychiatric reasons, was a resident at their facility for one year in 1999, and returned in 2005, because he was diagnosed with a schizoaffectjve disorder and alcohol abuse in remission.
f.       Regulations in effect at that time authorized an 0TH discharge for members who were separated by reason of misconduct due to a pattern of misconduct. Regulations also authorized a general discharge for such cases.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief. Specifically, the Board finds that Petitioner’s administrative separation by reason of misconduct due to a pattern of misconduct met the requirements established by regulations. However, the Board believes that Petitioner did not warrant an 0TH characterization of service, given his psychiatric diagnoses while in the Navy, post service psychiatric diagnoses, and psychiatric hospitalization within a year after he was discharged. Therefore, as a matter of clemency, the Board concludes that Petitioner’s discharge should be changed to a general characterization of service.





RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that he was separated with a general discharge on 15 June 1983, vice the 0TH discharge actually assigned 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 by the Board on 2 July 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 7 23.6(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
         

Similar Decisions

  • NAVY | BCNR | CY2007 | 07816-07

    Original file (07816-07.rtf) Auto-classification: Approved

    On 15 August 1990, the chaplain provided a letter to the commanding officer which stated that Petitioner and his wife were both immature, and that after one problem was resolved, another problem would arise. He concluded by recommending that Petitioner should be discharged for the good of the service. That Petitioner’s naval record be corrected to show that he was separated with a general discharge on 9 November 1990, vice the 0TH discharge issued on that date.b.

  • NAVY | BCNR | CY2007 | 06693-07

    Original file (06693-07.rtf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SJNDocket No: 06693-07 2 June 2008From: Chairman, Board for Correction of Naval Records To: Secretary of the NavySubj REVIEW OF N VAL RECORD OFRef: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change to his RE-4 reenlistment code.2 The Board consisting of reviewed Petitioner’s...

  • NAVY | BCNR | CY2007 | 06995-07

    Original file (06995-07.rtf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 17 October 1980, you enlisted in the Marine Corps at age 18 and served without incident for more...

  • NAVY | BCNR | CY2005 | 08177-05

    Original file (08177-05.rtf) Auto-classification: Approved

    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 discharge.2 T d, consisting of reviewed Petitioner’s allegations of error and injustice on 8 March 2006 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. On 5 June 1986 an ADB, unanimously found that Petitioner had...

  • NAVY | BCNR | CY2007 | 06820-07

    Original file (06820-07.rtf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 2O37O-5~OOSJNDocket No: 06820-07 17 June 2008From: Chairman, Board for Correction of Naval Records To: Secretary of the NavySubj: REVIEW OF NAVAL RECORD OFRef: (a) 10 U.S.C:. 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...

  • NAVY | BCNR | CY2007 | 06976-07

    Original file (06976-07.rtf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 23 January 1979, you enlisted in the Marine Corps at age 19. In connection with this processing,...

  • NAVY | BCNR | CY2007 | 03364-07

    Original file (03364-07.rtf) Auto-classification: Approved

    On 14 March 1996, he was assigned to the Marine Corps weight control program. The Board is aware that during the time of Petitioner’s service, regulations authorized service members to be administratively separated with an 0TH discharge by reason of misconduct. Regulations also authorized a general characterization of service.CONCLUSION:Upon review and consideration of all evidence of record, the Board concludes that Petitioner’s request warrants partial relief.

  • NAVY | BCNR | CY1999 | 06214-99

    Original file (06214-99.pdf) Auto-classification: Approved

    6214-99 18 February 2000 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF gail Ref: (a) 10 U.S.C.1552 Encl: (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's Naval Record 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Navy applied to this Board requesting, in effect, that her naval record be corrected to show a more favorable type of discharge than the...

  • NAVY | BCNR | CY2006 | 11249-06

    Original file (11249-06.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting an upgrade of his other than honorable discharge.2. Petitioner enlisted in the Navy on 22 August 1994 at age 18. With his application, Petitioner states that he was mislead into thinking that he was to be issued a general discharge, only learned that he was being issued an 0TH on the day of his discharge and was not afforded legal...

  • NAVY | BCNR | CY2007 | 10070-07

    Original file (10070-07.rtf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 25 March 1979, you enlisted in the Marine Corps at age 18. In connection with this processing, you...