DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 2328-08
3 December 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD or iii
[ees
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 Marine Corps, filed an application
with this Board requesting a better characterization of service
than the discharge under other than honorable conditions issued
on 21 February 1992.
2. The Board, consisting of Mr. ap Sie 2nd. Ms.
WPS ev icwed Petitioner's allegations of error and injustice on
18 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. Although it appears that Petitioner's application was
not filed in a timely manner, it is in the interest of justice to
waive the statute of limitations and consider the application on
its merits.
c. Petitioner enlisted in the Marine Corps on 7 June 1990
at age 17. During the period from 10 February 1991 to 3 January
1992 he received nonjudicial punishment (NJP) on three occasions.
His offenses were two periods of unauthorized absence totaling
about four days and three instances of disobedience. The
disobedience consisted of failing to turn in magazine pouches,
parking his car without a base sticker and exceeding the working
day liberty bounds of 85 miles. Additionally he was counseled on
three occasions concerning his poor conduct, attitude,
performance and losing his identification card.
d. Based on the foregoing record, he was processed for
separation by reason of misconduct due to minor disciplinary
infractions. After review, the separation authority approved the
recommendation of the chain of command and directed discharge
under other than honorable conditions. Petitioner was so
discharged on 21 February 1992. The DD Form 214 issued at that
time shows the award of the Kuwaiti Liberation Medal, Southwest
Asia Medal with two stars and the Combat Action Ribbon.
e. In his application, Petitioner points out that his
offenses were very minor and that he performed well while he was
overseas and earned the Combat Action Ribbon and other awards.
He also claims that he has been a good citizen since discharge.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board notes that although he received NUP on three
occasions, the offenses were minor and he earned the Combat
Action Ribbon. Given these factors, the Board concludes that he
has been adequately punished by having a discharge under other
than honorable conditions for more than 16 years and it should
now be recharacterized to a general 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 change in the
characterization of his service.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on
21 February 1992 he was issued a general discharge under
honorable conditions vice the discharge under other than
honorable conditions now of record.
b. That this Report of Proceedings be filed in Petitioner's
naval record.
c. That the Department of Veterans Affairs be informed upon
request that Petitioner's application was received by the Board
on 6 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 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 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.
LsQoe
W. DEAN PFEITFRER
Executive Diredbko
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