DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ech
Docket No. 06432-08
28 August 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: BEVIEW OF NAVAL RECORD OF
Ref: (a) 10 U.S.C. 1552
Encl: (1) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps, applied to this Board
requesting that his discharge be upgraded.
2. The Board, consisting of Mses. Epstein, Mann and Mr. Wade
reviewed Petitioner's allegations of error and injustice on 19
August 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. Petitioner's application to the Board was filed ina timely
manner.
c. Petitioner enlisted in the Marine Corps on 15 July 2002 for
five years at age 17. He served without any disciplinary
infraction until 22 August 2005 when he received nonjudicial
punishment (NJP) for failure to obey a lawful order or
regulation. No other details were available. Less than a month
later he received a second NUP for sitting down on post while
smoking a cigarette and not having his blouse, cover and M16
service rifle. His third NUP occurred over a year later on 14
September 2006 for two instances of failure to go his appointed
place of duty. Based on his three NUPs Petitioner was taken
before an administrative discharge board (ADB) whose members
recommended that he be separated with an other than honorable
(OTH) discharge. However two members, including the senior
member, recommended that the discharge be suspended in order to
allow Petitioner, who was nearing the end of his five year
enlistment, to serve out his time and earn a better discharge.
Unfortunately for Petitioner the separation authority concurred
with the dissenting member and Petitioner received an OTH
discharge on 23 January 2007. At the time of discharge
Petitioner had less than six months to serve on his five year
enlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that as a matter of clemency Petitioner’s OTH
discharge should be upgraded to general under honorable
conditions. In reaching this conclusion the Board takes into
account his first three years of creditable service, the minor
nature of his offenses and the majority recommendation of the
ADB that Petitioner’s discharge be suspended in order to allow
him to complete his enlistment. Nevertheless in view of his
repeated acts of misconduct Petitioner’s request for an
honorable discharge should be denied.
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 Board’s action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on
23 January 2007 he received a general discharge in lieu of the
other than honorable actually issued on that date.
b. That Petitioner’s request for an honorable discharge be
denied.
c. That upon request the Department of Veterans' Affairs be
informed that Petitioner's application was received by the Board
on 9 June 2008.
d. That a copy of 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. SALMAN BRIAN J. GEORGE
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(e)), and
having ensured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
provisions of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
W. DEAN PFEI
Executive Dir
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