DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ: ech
Docket No. 00367-08
13 November 2008
From: Chairman, Board for Correction of Naval Records
TO + Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF FORMER (aggre
Ref: (a) 10 U.S.C. 1552
Enel: (1) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner,
applied to this Board requesting that his discharge be upgraded.
2. The Board, consisting of Messrs Butherus, Cooper and Ms.
Epstein, reviewed Petitioner's allegations of error and
injustice on 4 November 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 Marine Corps on 15 November 1993
at age 24. For over two years he served in a commendable manner
and was eventually promoted to corporal. His only disciplinary
action occurred on 19 December 1995 when he received nonjudicial
punishment (NUP) for conspiring with another Marine to conceal
jllegal steroids and wrongful possession of steroids.
Petitioner's punishment consisted of reduction in rank to lance
corporal, forfeiture of pay and extra duties. The basic facts
leading to his NUP are that he wrongfully agreed to dispose of
illegal steroids that were being used by another Marine with
whom he was friendly.
d. Following his NUP Petitioner was brought before an
administrative discharge board (ADB) where he was represented by
a military lawyer. At these proceedings substantial testimony
was offered showing that apart from this one incident Petitioner
performed his military duties in a capable manner and exhibited
all the personal qualities of a good Marine. At the conclusion
of these proceeding the ADB found that Petitioner had engaged in
misconduct warranting discharge under other than honorable
conditions (OTH). However based on his overall record and his
sincere desire to complete in his enlistment the ADB unanimously
recommended that the OTH discharge be suspended. The Marine
officer who commanded the support squadron section to which
Petitioner had been assigned favorably endorsed the ADB’s
recommendation of a suspended discharge and forwarded it to his
superior. This officer who commanded the Marine wing support
group disagreed with these recommendations citing Petitioner’s
status as a military policeman and urged immediate execution of
the OTH discharge. On 4 December 1996 the Commanding General,
Second Marine Aircraft Wing directed that Petitioner be
separated with an OTH discharge which was issued on 15 December
1996.
CONCLUSION :
Upon review and consideration of all the evidence of record, the
Board concludes that as a matter of clemency Petitioner’s OTH
discharge should be upgraded. The Board’s bases its
recommendation for relief on the isolated mature of his
misconduct and his commendable overall service both prior to and
after the unfortunate events which led to his discharge. The
Board also takes into account the favorable recommendations of
the ADB and Petitioner’s commanding officer that the OTH
discharge be suspended and believes with benefit of hindsight
that the ends of justice would be better served by upgrading
Petitioner’s discharge to general under honorable conditions.
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
15 December 1996 he received a general discharge in lieu of the
other than honorable actually issued on that date.
b. That upon request the Department of Veterans Affairs’ be
informed that Petitioners application was received by the Board
on 10 January 2008.
c. That a copy of this Report of Proceedings 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.
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 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.
Executive Di
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