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NAVY | BCNR | CY2007 | 07238-07
Original file (07238-07.rtf) Auto-classification: Approved
                                             BOARD FOR CORRECTION OF NAVAL RECORDS
                                                               2 NAVY ANNEX
                                                      WASHINGTON DC 2O37O~51OO

SMW
 Docket No: 7238-07
 3 April 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
En CL :    (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 to change the reason for separation (Misconduct-Drug Abuse (Use)) and an upgrade of the other than honorable (0TH) characterization of service that was issued on
 24 September 1985.
2 The Board, consisting of Mr Mr , and Mr. reviewed Petitioner’s allegations of error and injustice on 2 April 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 18 January 1980, Petitioner enlisted in the Navy at age 20. He then served in an exemplary manner for more than five years, and was awarded the Good Conduct Medal and promoted to the pay grade of E-5.
d.       On 20 June 1985, Petitioner had nonjudicial punishment for use of marijuana. On 21 June 1985, his commanding officer initiated administrative separation by reason of misconduct due to drug abuse. In connection with this processing, he acknowledged that separation could result in an 0TH discharge and elected to have his case heard by an administrative discharge board (ADB) On 27 June 1985, a medical evaluation found that he was not dependent on drugs and a subsequent substance abuse evaluation stated that there was no negative indication to continue his service. On 25 July 1985, an ADB found misconduct due to drug abuse, and recommended an 0TH discharge, but also recommended that he be retained and placed on 12 months of probation. His commanding officer recommended a general discharge due to his good period of service.
 On 12 September 1985, the separation authority directed an 0TH discharge by reason of misconduct due to drug abuse. On 24 September 1985, he was so discharged. At that time his final overall trait average was 3.7.
e.       In his application, Petitioner states in essence that he served honorably in the Navy and with the exception of one disciplinary action, his service was otherwise exemplary. He further states that he believes, he was used to set an example.
f.       Regulations authorize an 0TH discharge for members who are separated by reason of misconduct due to drug abuse. Regulations also authorize 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 is aware that Petitioner’s separation by reason of misconduct due to drug abuse met the requirements established by regulations. However, regarding his characterization of service; the Board considers his overall record that included more than five years of exemplary service, more than three years of sea service, award of the Good Conduct Medal, advancement to the pay grade of E-5, and final overall trait average of 3.7. The Board also considers his commanding officer’s recommendation for a general discharge. Therefore, as a matter of clemency, the Board concludes that the record should be partially corrected to show that he was separated with a general discharge.
2



RECONNENDATION:
a.       That Petitioner’s naval record be corrected to show that he was separated with a general discharge on 24 September 1985, vice the 0TH discharge actually issued on that date.
b.       That this Report of Proceedings be filed in Petitioner’s naval record so that all future reviewers will understand the reason for the change in his record.
c.       That upon request, the Veterans Administration be informed that Petitioner’s application was received by the Board on 1 August 2007.
d.       That no further relief is recommended.
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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