DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10834-08
12 December 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER ee rae
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that his naval record be
corrected to show that he was separated from the Navy on 17
September 1990 with an honorable discharge. He contends that the
drowsiness which caused him to fall asleep on post was a side-
effect of a medication he had been prescribed for knee pain.
2. The Board, consisting of Messrs. , tiers.
Wer veviewed Petitioner's allegations of error and
injustice on 4 December 2008 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence ef 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 the application was not timely filed, the Board
finds it to be in the interest of justice to waive the statute
of limitations and consider the application on the merits.
co. Petitioner enlisted in the Navy on 13 February 1990. He
received nonjudicial punishment on 24 July 1990 for misbehavior
as a sentinel by sleeping while posted to a building security
watch that required him to observe perimeter security monitors.
His commanding officer determined that the medication Petitioner
was taking on the day in question consisted of buffered aspirin
that would not have caused drowsiness. On 2 August 1990, the
Physical Evaluation Board (PEB) found Petitioner unfit by reason
of physical disability due to patellofemoral syndrome, which it
rated at 10%. Those findings were never executed because
Petitioner was discharged on 17 September 1990 by reason of
misconduct/commission of a serious offense, with a discharge
under other than honorable conditions. The serious offense was
that for which he received nonjudicial punishment on 24 July
1990.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that although Petitioner was properly discharged
by reason of misconduct/commission of a serious offense with a
discharge under other than honorable conditions, it would be in
the interest of justice, as a matter of clemency, to upgrade his
discharge to general at this time.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 17 September 1990, he was discharged by reason of
misconduct/commission of a serious offense, with a general
discharge vice the discharge under other than honorable
conditions he was awarded on that date.
b. That so much of Petitioner's request for correction of his
naval record as exceeds the foregoing be denied.
c. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) 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
NQ
proceedings in the above entitled matter.
JZE
ROBERT D. ZSALMAN AMES R. EXNICIOS
Recorder Acting Recorder
5. Purguant 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.
Lo&Qomky}.. )
W. DEAN PFEIFRER
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