DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
RDZ:ech
Docket No. 09829-08
21 August 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF (iis
Ref: (a) 10 U.S.C, 1552
Enel: (1) DD Form 149 with attachments
(2) Subject's naval record
1. Pursuant to the provisions of reference {a), Petitioner, a
former enlisted member of the Navy, applied to this Board
requesting that the characterization of his discharge be
changed.
2. The Board, consisting of Mr. Dunn, Genteman and Koman,
reviewed Petitioner's allegations of error and injustice on 11°
August 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
follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
ob. Although it appears that enclosure (1) 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. Petitioner enlisted in the Navy on 14 September 1987 at
age 19. After serving two years and ten months on active duty
he was separated with an other than discharge (OTH) because of
two nonjudicial punishments. The first occurred on 24 March
1989 for dereliction of duty. The second occurred on 29 June
1990 and was based on Petitioner’s failure to go to his
appointed place of duty.
d. Since his discharge in 1990 Petitioner, who is married and
the father of three children, has been gainfully employed and
conducted himself in a law abiding manner.
CONCLUSION:
Upon review and consideration of ail the evidence of record,f the
Board cdéncludes that: the interests of justice would be better
served by changing Petitioner’s OTH to general under honorable
conditions. This action is in the nature of clemency and is
based on the minor and relatively isolated nature of his
offenses. Moreover since his discharge he has been a productive
and law abiding member of his community.
In view of the foregoing, following corrective action is
warranted.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was issued a general discharge under honorable conditions on
13 July 1990 vice the other than honorable discharge actually
issued on that date.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
c. That, upon request, the Department of Veterans Affairs be
informed the Petitioner's application was received by the Board
on 10 October 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.
UA, Aah ren
ROBERT D. ZASALMAN 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.
By direction
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