DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ech
Docket No. 00044-10
20 July 2010
From: Chairman, Board for Correction of Naval Records
Tex Secretary of the Navy
Subj: _REVIE NAVAL RECORD OF 2
Ref: (a) 10 U.S.C. 1552
Encl: (1) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, applied
to this Board requesting that the other than honorable discharge
(OTH) issued to him on 10 February 2006 be upgraded.
2. The Board, consisting of Messrs Exnicios, George and Pfeiffer,
reviewed Petitioner's allegations of error and injustice on 12 July
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 in a timely
manner.
c. Petitioner enlisted in the Marine Corps for a term of five years
on 30 October 2001. For over three and a half years Petitioner’s
service was commendable earning him excellent marks in proficiency
and conduct as well as a promotion to corporal. Of particular note
Petitioner was individually cited for superior performance of duty
as a helicopter mechanic in Irag in 2004 which directly contributed
to the success of combat operations in Najah and Fallujah.
d. Unfortunately between March and September of 2005 Petitioner
received two nonjudicial punishments (NJP) and two civil
convictions. His military offenses consisted of unlawfully
consuming alcohol in bachelor enlisted quarters (BEQ) and providing
alcohol to an underage Marine. In civil court he was convicted of
driving under the influence of alcohol (DUI) and reckless driving.
Based on these incidents he was issued an OTH after serving four
years, three months and eleven days on a five year enlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
concludes that as a matter of clemency Petitioner’s OTH should be
upgraded to general under honorable conditions. The Board's
recommendation is based on Petitioner’s excellent record during his
first three and a half years of service which included an individual
citation for superior performance of duty during combat operations
inIraq. The Board also noted that although Petitioner’s misconduct
was frequent none of his offenses were of a serious nature.
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 record be corrected to show that he was issued
a general discharge under honorable conditions on 10 February 2006
vice the other than honorable discharge that was initially issued
on that date.
b. That upon request the Department of Veterans Affairs be informed
that Petitioner's application was received by the Board on 31
December 2009.
c. That a copy of this Report of Proceedings be filed in Petitioner's
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.
eS, af ie
BERT D. ZSALMAN BRIAN J. GEORGE
eenemien 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 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.
ly oar’ )
W. DEAN P IfIFRR
Executive tor
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