DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2620-08
21 November 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
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 Marine Corps, applied to this
Board requesting an honorable discharge vice the other than
honorable (OTH) discharge that was issued on 23 December 1988.
2. The Board, consisting of Mr. SURE Mr. ee, and
Mr. wits: reviewed. Petitioner's allegations of error and
injustice on 19 November 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
statute of limitations and review the application on its
merits.
c. On 17 February 1987, Petitioner enlisted in the Marine
Corps at age 19. During the period 5 June 1987 to
1 April 1988, he was counseled on three occasions regarding
deficiencies in his performance and conduct and warned of the
consequences of further infractions. On 2 August 1988, he had
nonjudicial punishment (NJP) for two brief instances of
unauthorized absence (UA) that totaled about one day. On
29 August 1988, suspended punishment from the NUP was vacated
for unspecified misconduct. On 27 October 1988, he had NJP for
one day of UA. On 1 November 1988, his commanding officer
initiated administrative separation by reason of misconduct due
to minor disciplinary infractions. In connection with this
processing, he acknowledged that separation could result in an
OTH discharge and waived the right to have his case heard by an
administrative discharge board (ADB). On 19 December 1988, the
separation authority approved the separation recommendation and
directed an OTH discharge by reason of misconduct due to minor
disciplinary infractions. On 23 December 1988, he was so
discharged. At that time his proficiency and conduct mark
averages were 4.07 and 3.55, respectively.
d. Petitioner states in essence that he was a young Marine
who grew up in a small town and was unable to adapt to the
military life. He further states that he did not commit any
crimes or use drugs, has continued to support his country
through community activities and is a good citizen.
e. Regulations authorize issuance of an OTH discharge for
members discharged by reason of misconduct. Regulations also
authorize a general discharge for such cases.
CONCLUSION :
Upon review and consideration of all the evidence of record,
the Board concludes that Petitioner's request warrants partial
relief. Specifically, the Board is aware that his discharge
was processed in accordance with regulations and the
characterization of service was properly assigned.
Nevertheless, the Board finds that Petitioner's offenses were
relatively minor and did not warrant an OTH characterization of
service. Specifically, his offenses included three instances
of UA that totaled about two days. The Board also considered
his youth, satisfactory proficiency and conduct mark averages,
and finds no evidence of disrespect. Therefore, as a matter of
clemency, the Board concludes that his discharge should be
changed to general.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was separated with a general discharge on 23 December 1988,
vice the OTH discharge issued on that date.
b. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
ec. That upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the
Board on 14 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 oa Ahsagh 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.
W. DEAN
Executive ingctor
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