DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2156-08
27 October 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD oF =i
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, applied to this Board
requesting an honorable discharge, vice the other than
honorable (OTH) discharge that he received on 22 April 1992.
2. The Board, consisting of Ms. QQjggeiiiiies Ms. aalllilitip and
Mr. iin reviewed Petitioner's allegations of error and
injustice on 22 October 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. On 7 December 1989, Petitioner enlisted in the Navy at
age 18. At that time, although he had completed 12 years of
education, he attained below average test scores and had a
reading level of 9.1. On 15 May 1990, he had nonjudicial
punishment (NUP) for use of marijuana. He was retained,
counseled, and received substance abuse treatment. On
27 February 1992, he had NUP for wearing civilian clothes while
in the galley. He was subsequently warned that further
infractions could result in administrative separation. On
3 April 1992, he had NUP for use of marijuana. 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. In connection with this processing, Petitioner
would have acknowledged the separation action and been given an
opportunity to have his case heard by an administrative
discharge board. Apparently, the separation authority approved
the discharge recommendation and directed an OTH discharge by
reason of misconduct due to a pattern of misconduct. On
22 April 1992, he was so discharged. At that time, he had
completed more than 22 months of sea service, attained overall
trait and military behavior mark averages of 3.6, and was
awarded the National Defense Service Medal and Sea Service
Deployment Ribbon.
c. Regulations authorize issuance of an OTH characterization
to service members who are discharged by reason of misconduct.
Regulations also authorize issuance of a general
characterization of service for such cases.
d. In his application, Petitioner states in essence that he
understands why he had to be punished and regrets his actions.
He further states that he has since matured, worked offshore
for the past eight years, now has a family, and wants to be in
a better position to provide for them.
CONCLUSION:
Upon review and consideration of all evidence of record, the
Board concludes that Petitioner's request warrants partial
relief. Specifically, the Board believes that his disciplinary
actions were properly taken and his administrative separation
met the requirements established by regulations. However,
given his overall service record, mental aptitude, and overall
trait and behavior mark averages of 3.6, the Board finds that
an OTH characterization of service is not warranted.
Therefore, as a matter of clemency, the Board concludes that
his 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 22 April 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 3 March 2008.
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 Greon}) Anongh
Recorder Acting Recorder
5S. 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.
Red S a
F->aW. DEAN\PFEIFFER
Executive Director
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