DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 10036-07
29 July 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
Encl: (1) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Navy, applied to this Board requesting
that his discharge be upgraded to honorable.
2. The Board, consisting of Mr. Blanchard and Mses. Gilbert and
Nofziger, reviewed Petitioner's allegations of error and
injustice on 22 July 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. Petitioner's application to the Board was filed in a
timely manner.
c. Petitioner enlisted in the Navy on 20 July 1998 at age 17
for four years and executed a 24 month extension agreement. He
served in an excellent manner during the first part of his
enlistment and earned promotion to petty officer third class (E-
4). Unfortunately he received nonjudicial punishment (NJP) on
14 February 2002 for failing to obey a lawful order, dereliction
of duty and soliciting another to commit an offense. Petitioner
was reduced in rank, ordered to forfeit $734.00 for two months
and was restricted for 45 days. On 21 March 2002 he received
NJP for one day of unauthorized absence and missing restricted
muster. Based on these two NUPs he was administratively
separated with an other than honorable (OTH) discharge due to
pattern of misconduct on 19 April 2002.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that partial relief is warranted by upgrading
Petitioner’s OTH discharge to general under honorable
conditions. The Board bases it recommendation on the minor
nature of his offenses and excellent record during the first
part of his enlistment. Nevertheless his disciplinary record of
two NUPs even though for minor offenses does not warrant an
honorable discharge.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner’s naval record so that all future
reviewers will understand the reasons for the Board’s action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on
19 April 2002 he received a general discharge in lieu of the
other than honorable actually issued on that date.
c. That upon request the Department of Veterans Affairs’ be
informed that Petitioner’s application was received by the Board
on 9 November 2007.
d. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
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.
Rem ©, fede
ROBERT D. ZSALMAN
BRIAN J. GEORGE
Recorder
Acting Recorder
5. Pursuant to the delegation of authori
6(e) of the revised Procedures of the Bo
Naval Records (32 Code of Federal Regulations, Section
723.6(e)), and having ensured compliance with its provisions, it
is hereby announced that the foregoing corrective action, taken
under the provisions of reference (a), has been approved by the
Board on behalf of the Secretary of the Navy.
W. DEAN PFET
Executive Dir
ty set out in Section
ard for Correction of
NAVY | BCNR | CY2007 | 10036-07
10036-07 29 July 2008From: Chairman, Board for Correction of Naval Records To: Secretary of the NavySubj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Navy, applied to this Board requesting that his discharge be upgraded to honorable.2. Nevertheless his disciplinary record of two NJPs even though for minor offenses does not warrant an honorable discharge.The Board further concludes that this Report of...
NAVY | BCNR | CY2008 | 06432-08
Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, applied to this Board requesting that his discharge be upgraded. Based on his three NUPs Petitioner was taken before an administrative discharge board (ADB) whose members recommended that he be separated with an other than honorable (OTH) discharge. At the time of discharge Petitioner had less than six months to serve on his five year enlistment.
NAVY | BCNR | CY2008 | 12014-08
«aig, and Mr "Mg, reviewed Petitioner's allegations of error and injustice on 25 March 2009, 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, applicable statutes, regulations and policies, and a memorandum provided by Headquarters Marine Corps (HQMC), a copy of which is attached. On 5 July 1983, the...
NAVY | BCNR | CY2008 | 02620-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMS Docket No: 2620-08 21 November 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. On 19 December 1988, the separation authority approved the separation recommendation and directed an OTH discharge by reason of misconduct due to minor disciplinary infractions. That Petitioner's naval record be corrected to...
NAVY | BCNR | CY2013 | NR1978-13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 5S. Pursuant to the provisions of reference (a), Petitioner, a former member of the Navy, filed enclosure (1) with this Board requesting an upgrade-oef his other than honorable (OTH) characterization of service and removal of his 1 August 1980 nonjudicial punishment (NJP) from his Official Military Personnel File (OMPF). The Board, consisting of Mr. Clemmons, Mr. Dixit, and Ms. Tollefson, reviewed Petitioner's allegations of...
NAVY | BCNR | CY2008 | 07160-08
DEPARTMENT OF THE NAVY BOARD EOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMS Docket No: 7160-08 26 March 2009 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. Pursuant to the provisions of reference (a), Petitioner, a former member of the Navy, applied to this Board requesting a general discharge vice the other than honorable (OTH) discharge that was issued on 7 May 1990. ...
NAVY | BCNR | CY2008 | 04143-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMS . Docket No: 4143-08 6 February 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD CFR Ref: (a) 10 U.S.C. 1552 Encl: (1) Case Summary (2) Subject's naval record 1.
NAVY | BCNR | CY2007 | 10064-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMW Docket No: 10064-07 26 June 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF(gne Ref: (a) 10 U.S.c. On 9 July 1992, the separation authority approved the discharge recommendation and directed an OTH discharge by reason of misconduct due to commission of a serious offense. g. Regulations authorize an OTH discharge to...
NAVY | BCNR | CY2013 | NR1037 13
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 case was forwarded recommending that he be discharged under other than honorable (OTH) conditions. ,Petitioner’s request doe The-minority-member notes that Petitioner was separated for misconduct due to a commission of a serious offence.
NAVY | BCNR | CY2009 | 09349-09
The Board, consisting of Messrs. Exnicios, George and Pfeiffer, reviewed Petitioner's allegations of error and injustice on 24 February 2010 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand the reasons for the Board's action. That Petitioner's naval...