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. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy Reserve, applied to this
Board requesting to upgrade the other than honorable (OTH)
discharge that was issued on 27 July 1992, to an honorable
discharge.
2. The Board, consisting of Ms. Rees Vc. mm oad
Mr. (MMMM reviewed Petitioner's ‘allegations of error and
injustice on 25 June 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 ina
timely manner, it is in the interest of justice to waive the
statue of limitations and review the application on its merits.
c. On 20 June 1990, Petitioner enlisted in the Navy Reserve
at age 18 and began a period of active service on 26 June 1990.
d. On 6 November 1990, Petitioner began receiving medical
treatment for lower back pain. On 11 October 1991, he had
nonjudicial punishment (NUP) for disobedience of a lawful order
and a brief instance of unauthorized absence. On
18 March 1992, he was apprehended for driving under the
influence of alcohol by a military policeman that apparently
resulted in an NUP on the same day for resisting apprehension,
assault, drunk and disorderly conduct, and being incapacitated
for duty.
e. On 30 April 1992, Petitioner's commanding officer
initiated administrative separation by reason of misconduct due
to commission of a serious offense; In connection with this
processing, Petitioner acknowledged that separation could
result in an OTH discharge and elected to have his case heard
by an administrative discharge board (ADB). On 29 May 1992, an
ADB convened and found that he was guilty of misconduct due to
commission of a serious offense and recommended an OTH
discharge. 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.
On 27 July 1992, he was so discharged. At that time, his
average overall trait and military behavior marks were 3.47 and
3.33, respectively.
f. In his application, Petitioner states that while he was
in the Navy he gave his all every day. He states that he
regrets his mistakes and believes that the combination of
prescribed medication and alcohol attributed to his actions
that resulted in his discharge. He further states that since
being discharged he has completed an advanced course in
electronics, is enrolled in his last class required for
completion of his Bachelors of Science Degree in Aviation
Management, and volunteers in his community.
g. Regulations authorize an OTH discharge to individuals
discharged by reason of misconduct. Regulations also authorize
a general characterization of service if separated by reason of
misconduct.
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board concludes that Petitioner's request warrants partial
relief. Specifically, the Board believes that Petitioner’s
disciplinary actions were properly taken and his discharge was
in accordance with regulations. Therefore, separation by
reason of misconduct was warranted. However, the Board
considers Petitioner's overall service record, overall trait
2
and behavior averages, and finds that his offenses that
resulted in separation were from one incident and were
relatively minor. Therefore, as a matter of clemency the Board
concludes that Petitioner’s separation should be changed to a
general discharge.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he received a general discharge on 27 July 1992, vice the OTH
discharge actually issued 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 8 November 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 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.
Long
W. DEAN PF]
Executive Di
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