DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04284-08
2 March 2009
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) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Navy, filed enclosure
(1) with this Board requesting, in effect, that his
characterization be upgraded from an other than honorable (OTH)
discharge to a general discharge.
2. The Board, consisting of Mr. qe, » Ct. @ieieiti_t,, and Ms.
WR ceviewed Petitioner's allegations oF error and
injustice on 24 February 2009 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
Eollows:
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 enlisted in the Navy on 8 February 1984 and
served without disciplinary incident until 4 January 1985, when
he received nonjudicial punishment (NJP) for the illegal use of a
controlled substance.
c. Shortly thereafter, on 26 March 1986, Petitioner received
another NJP for a positive urinalysis for the illegal use of
marijuana, while receiving treatment for your drug and alcohol
abuse. Although Petitioner’s commanding officer recommended
that he be separated from naval service, he did so with a
discharge characterization of general due to his exceptional
performance. However, on 5 May 1986, the Naval Personnel
Command, approved his separation with an OTH discharge and an RE-
4 reenlistment code, and he was so discharged.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
Although Petitioner did receive two NUP’s for illegal drug use,
the Board believes that his second NJP was while he was addicted
to drugs and receiving treatment. In addition, the Board also
believes that the commanding officer’s recommendation of a
general discharge due to the member’s exceptional performance
should be honored. Therefore, the Board concludes that a general
discharge, based on his service record is authorized and is more
appropriate than the OTH discharge now of record.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by changing
the OTH discharge assigned on 5 May 1986, to a general discharge
on the same date.
b. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed, or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
c. That any material directed to be removed from
Petitioner's naval record be returned to the Board, together with
a copy of this Report of Proceedings, for retention ina
confidential file maintained for such purpose, with no cross
reference being made a part of 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 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.
Lo Qosk Za
W. DEAN PFEI E
Executive direst
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