DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS —
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:.ecb
Docket No. 09349-09
25 February 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF FORMER ay
Ref: {a) 10 U.S.C. 1552
Enel: (1) Subject's naval record
1, Pursuant to the provisions of reference (a), Petitioner,
applied to this Board requesting that his discharge be upgraded
to honorable.
2. The Board, consisting of Messrs. Exnicios, George and
Pfeiffer, reviewed Petitioner's allegations of error and
injustice on 24 February 2010 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 Navy on 14 November 2000.
Between November 2000 and July 2003 he received nonjudicial
punishment (NJP) on three occasions. The first NJP took place
on 31 January 2001 for failure to obey an order. Petitioner's
second NJP was based on his being absent from his duty station
for eight hours in the early morning hours of New Years Eve of
2002 and being intoxicated. His third NUP occurred on 26 June
2003 and was due to Petitioner’s again being absent from his
duty station for four hours and being intoxicated. Based on
these three NUP’s he was issued an other than honorable
discharge on 11 July 2003.
qd. In his application to the Board Petitioner has submitted
documentation showing that after his discharge he successfully
completed an alcohol rehabilitation program and is presently
taking courses at Alabama State University with a view to
earning an undergraduate degree in psychology.
F
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's case warrants partial relief
by upgrading his other than honorable discharge to general based
on the minor nature of his offenses and his post service
accomplishments. Nevertheless due to his frequent misconduct
and substandard performance of duty his request for an honorable
discharge cannot be justified.
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
11 July 2003 he received a general discharge in lieu of the
other than honorable discharge actually issued on that date.
b. That Petitioner’s request for an honorable discharge be
denied.
ec. That upon request, the Department of Veterans' Affairs be
informed that Petitioner's application was received by the Board
on 25 September 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. 4SALMAN BRIAN | 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.
FAW. DEAN EIFFER
Executive Director
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