DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SJN
Docket No: 03280-09
22 February 2010
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 Marine Corps, filed enclosure (1)
with this Board requesting an upgrade of his other than honorable
discharge, and to change his RE-4 reenlistment code.
2. The Board, consisting of Mr hk. Mr Rend Mr. 4
- reviewed Petitioner's allegations of error and injustice
on 17 February 2010 and, pursuant to its regulations, determined
that the limited 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 enclosure (1) was not filed in a timely manner,
it is in the interest of justice to waive the statue of
limitations and review the application on its merits.
c. Petitioner enlisted and began a period of active duty on
28 December 1992 at age 19. On 23 November 1993 and 24 February
1994, he received nonjudicial punishment (NJP) for one day of
unauthorized absence and failure to obey an order to reside in
the enlisted barracks. Additionally, he was counseled and warned
that further misconduct could result in administrative discharge
action. On 24 February 1994, administrative discharge action was
initiated to separate him by reason of misconduct due to
commission of a serious offence. He waived his rights to consult
counsel, submit a statement or have his case heard by an
administrative discharge board (ADB). On 25 February 1994, his
case was forwarded to the separation authority recommending an
under other than honorable (OTH) discharge by reason of
misconduct. The commanding officer stated, in part, that he had
been an administrative burden despite repeated efforts through
counseling, instruction, and he refused to conform his behavior
to Navy standards. On 14 March 1994, the discharge authority
concurred and directed an OTH discharge by reason of misconduct
due to commission of a serious offense. He was discharged on 4
April 1994. At that time he was assigned an RE-4 reenlistment
code.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
favorable action.
The Board does not condone Petitioner’s misconduct, however, the
fact that he received an OTH discharge for not residing in the
enlisted barracks seems to be harsh. The Board also takes into
account his youth, and short time in the service. After careful
and conscientious consideration of his entire record, including
his two NUP’s for relatively minor disciplinary infractions, the
Board concludes that the record should reflect a general
characterization of service. With regard to his reenlistment
code, an RE-4 must be assigned to all Sailors discharged due to
misconduct. In view of the foregoing, the Board recommends the
following limited corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by showing
that on 4 April 1994, he was issued a general discharge vice the
OTH characterization actually issued on that date.
b. That no further relief be granted.
¢. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
dad. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on
31 March 2009.
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
proceedings in the above entitled matter.
ROBERT D. ZSALMAN BRIAN i 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.
loved
W. DEAN PFE
Executive D r
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