DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100RG
Docket No: 2314-08
12 December 2008 —
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD —
Ref: (a) Title 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, filed an application with
this Board requesting that his under other than honorable
conditions (UOTH) discharged be upgraded.
2. The Board, consisting of Mr. eee: . Mr QM and Mr.
whines. reviewed Petitioner's allegations of error and injustice
on 2 December 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.
its merits.
c. Petitioner enlisted in the Navy on 26 January 1979 at
age 20. On 16 September 1969 and 1 March 1971 he was counseled
concerning his poor performance, bad attitude and failure to obey
orders. During the period from 16 March 1971 to 5 August 1971 he
received nonjudicial punishment on four occasions. His offenses
were two short periods of unauthorized absence and six instances
of disobedience. additionally on 21 April 1971 he was arrested
by civil authorities and was ultimately convicted of malicious
mischief.
d. Based on the foregoing record, Petitioner was processed
for an administrative discharge. On 17 August 1971 an
administrative discharge board (ADB) recommended that he be
separated with a UOTH discharge and the commanding officer agreed
with this recommendation. However on 15 September 1971, the
Bureau of Naval Personnel (BUPERS) directed a general discharge
under honorable conditions by reason of unfitness. The reason
for the BUPERS determination as to the characterization of
service is not set forth in the record. Petitioner was
discharged on 21 September 1971. The DD Form 214 issued at that
time indicates that he was discharged under other than honorable
conditions instead of under honorable conditions as directed by
BUPERS.
e. Petitioner contends in his application that he had a
drinking problem while in the Navy which led to bad decisions.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. Although the reasons for the BUPERS action in directing
a general discharge instead of the UOTH discharge recommended by
the ADB and the commanding officer are not set forth in the
record, it is clear that the action directed by BUPERS was
binding on the command. Therefore, the Board concludes that
Petitioner's record should be corrected to show that on 21
September 1971 he was discharged under honorable conditions vice
the UOTH discharge now shown on his DD Form 214.
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 change in the
characterization of his service.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on
21 September 1971 he was issued a general discharge under
honorable conditions vice the UOTH discharge now shown on his DD
Form 214.
b. That the Department of Veterans Affairs be informed upon
request that Petitioner's application was received by the Board
on 6 March 2008.
c. That 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.
ROBERT D. ZSALMAN | BRIAN \ 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 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. \
NAVY | BCNR | CY2007 | 05388-07
The Board, consisting of Ms. ie... Wie, 205 Mr. WIR reviewed Petitioner's allegations of error and injustice on 16 January 2008, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. On 15 September 2000, the separation authority approved the discharge recommendation and directed an OTH discharge by reason of fraudulent enlistment. That Petitioner's naval record be corrected to show that he received an...
NAVY | BCNR | CY2002 | 09911-02
DEPARTMENT OF THE NAVY BOARD FOR C O R R E C T I O N O F N A V A L RECORDS 2 NAVY ANNEX W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0 FC Docket No: 09911-02 21 April 2003 From: To: Chairman, Board for Correction of Naval Records 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 enlisted member of the Navy, applied to this Board requesting, in effect, recharcterization of his discharge under other than...
NAVY | BCNR | CY2007 | 11076-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No: 11076-07 19 August 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL OF RECORD
NAVY | BCNR | CY2008 | 01459-08
On 9 November 1990, the separation authority approved the ADB's recommendation and directed an OTH discharge by reason of misconduct due to minor disciplinary infractions. The majority finds that Petitioner's two disciplinary actions were proper and his discharge was in accordance with regulations, but also finds that his offenses were relatively minor as evidenced by his commanding officer's recommendation for a general discharge. The minority believes that Petitioner's overall service...
NAVY | BCNR | CY2013 | NR5497 13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 SJN Docket No: 5497-13 10 July 2014 From: Chairman, Board for Correction of Naval Records. The Board, consisting of Mr. Clemmons, Mr. Zsalman, and Mr. Marquez, reviewed Petitioner's allegations of error and injustice on 8 July 2014 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. ...
NAVY | BCNR | CY2007 | 07238-07
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 on24 September 1985.2 The Board, consisting of MrMr , and Mr. reviewed Petitioner’s allegations of error and injustice on 2 April 2008, and pursuant to its regulations, determined that the partial corrective...
NAVY | BCNR | CY2010 | 11937-10
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that the other than honorable (OTH) characterization of his discharge of 24 January 1991 be changed to general. In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: RECOMMENDATION : a. That Petitioner's naval record be corrected to show that he was discharged with a general under...
NAVY | BCNR | CY2001 | 03983-01
1552 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record From : To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Marine Corps Reserve filed enclosure (1) with this Board requesting that his record be corrected to show a better discharge than the discharge under other than honorable conditions issued on 10 April 1985. which was the expiration of his Petitioner remained in Vpon expiration of...
NAVY | BCNR | CY2009 | 01623-09
The Board, consisting of Mr. Spain, Ms. McCormick and Ms. Colbert, reviewed Petitioner's allegations of error and injustice on 12 January 2010 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. In his written referral of Petitioner's case to an ADB his commanding officer recommended that Petitioner be retained based in part on the fact that Petitioner was a good worker and the fact that he had no prior...
NAVY | BCNR | CY2007 | 06883-07
DEPARTMENT OF THE NAVYBOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 20370-5100 SMWDocket No: 6883-07 21 March 2008From: Chairman, Board for Correction of Naval Records To: Secretary of the NavySubj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. On 13 May 1982, a psychiatric evaluation diagnosed him as having an immature personality, and emotional and intellectualproblems. However, the Board believes that Petitioner did not warrant an 0TH characterization of service, given...