DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5850-10
9 March 2011
From: Chairman, Board for Correction of Naval Records
Tes Secretary of the Navy
Subj: REVIEW OF NAVALpacorp or (qx
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 Navy, filed enclosure (1) with this
Board requesting that the other than honorable (OTH)
characterization of her discharge of 28 June 1993 be changed to
general.
2. The Board, consisting of Mr. Pfeiffer, Mr. Tew and
Ms. Wilcher, reviewed Petitioner's allegations of error and
injustice on 2 March 2011 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. Although it appears that enclosure (1) was not filed ina
timely manner, it is in the interest of justice to waive the
Statute of limitations and review the application on its merits.
c. Petitioner enlisted in the Navy and began a period of
active duty on 9 September 1992 at the age of 19. On 21 April
1993, she received nonjudicial punishment (NJP) for two instances
of unauthorized absence (UA) from her unit for one day and
failure to go to her appointed place of duty, disobeying a lawful
order to attend remedial physical training and wrongful
appropriation of a library book.
d. On 22 April 1993, Petitioner was notified of pending
administrative discharge processing with an OTH discharge due to
misconduct (commission of a serious offense). She waived all of
her procedural rights, including the right to an administrative
discharge board (ADB). On 28 June 1993, she received the OTH
discharge for misconduct (commission of a serious offense).
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action The Board initially notes her disciplinary ,infractions
and dods not condone hef# misconduct, but finds all the misconduct
to be minor in nature. In this regard, and as a matter of
clemency, the Board believes that the record should reflect that
she was discharged with a general characterization of service
vice receiving an OTH discharge. Based on the foregoing, the
Board concludes that no useful purpose is served by continuing to
characterize her service as having been under OTH conditions and
recharacterization to a general discharge is appropriate.
In view of the foregoing, 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
she was discharged with a general under honorable conditions on
28 June 1993 vice issued the OTH discharge on the same day.
b. That any material or entries inconsistent with or relating
to the Board's recommendation be corrected, removed, or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
c. That any material directed to be removed from Petitioner's
naval record be returned to the Board, together with a copy of
this Report of Proceedings, for retention in a confidential file
maintained for such purpose, with no cross reference being made a
part of 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
presented 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.
Pron} mgs
ROBERT D. ZSALMAN BRIAN 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.
Duh
W. DEAN PFE
By direction
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