DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 13222-09
16 February 2010
From: Chairman, Board for Correction of Naval Records
TO? Secretary of the Navy
Subj: FORMER Qi iin
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 discharged by reason of physical
disability vice misconduct.
2. The Board, consisting of Ms. Pe 20: Messrs. bi wena
ran
andiiie reviewed Petitioner's allegations of erro
injustice on 22 January 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 enlisted in the Marine Corps on 9 February
1988. He received nonjudicial punishment on 14 October 1988 for
being absent from formation, and for dereliction of duty for
being unshaved and wearing a dirty uniform. On 14 November 1988,
he received nonjudicial punishment for failing to go to
restricted muster on two occasions. Although he had been given
diagnoses of a personality disorder and alcohol abuse and
recommended for administrative separation by reason of
unsuitability, he was discharged by reason of misconduct (pattern
of misconduct) on 9 March 1989, with a discharge under other
than honorable conditions.
CONCLUSION :
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner failed to submit sufficient
evidence to demonstrate that he was unfit for duty by reason of
physical disability at the time of his discharge. In this
regard, it notes that neither alcohol abuse nor personality
disorders are considered disabilities under the laws
administered by the military departments. In addition, the Board
notes that as a discharge by reason of misconduct takes
precedence over disability evaluation processing, Petitioner
would not have been entitled to disability separation or
retirement even if he had been unfit for duty by reason of
physical disability.
Notwithstanding the foregoing, the Board concludes that the
characterization of Petitioner’s service as under other than
honorable conditions, although proper, is unduly harsh.
Accordingly, the Board finds the existence of an injustice
warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 9 March 1989, he was discharged by reason of misconduct with
a general discharge.
b. That no further relief be granted.
ec. 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
proceedings in the above entitled matter.
ROBERT D. ZSALMAN
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 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.
\Drook
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