DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 7067-10
24 March 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.8.€. 1552
Encl: (1) DD Form 149 dtd 17 May 10 w/encls
(2) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by changing the
characterization of his other than honorable (OTH) conditions
discharge assigned on 14 August 1992 to an honorable discharge.
2. The Board, consisting of Messrs. Gattis, Spain and Zsalman,
reviewed allegations of error and injustice on 22 March 2011,
and pursuant to its regulations, determined that limited relief
should be granted. 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 which were available under existing law
and regulations within the Department of the Navy.
b. Petitioner entered active duty in the Marine Corps on
25 April 1989. He received nonjudicial punishment on four
occasions for failure to report at the prescribed time,
disorderly conduct, and two periods of unauthorized absence
totaling just over one day. He participated in Desert
Shield/Storm in Southwest Asia, and earned the Combat Action
Ribbon (CAR). He was notified that his commanding officer was
recommending him for administrative separation with OTH
discharge due to a pattern of misconduct. He waived all of his
procedural rights, including his right to an administrative
discharge board. On 14 August 1992, he received an OTH
discharge due to a pattern of misconduct, and was assigned an
RE-4 (not recommended for reenlistment) reentry code.
CONCLUSION :
Upon review and consideration of all the evidence of record,
the Board finds the existence of an injustice warranting
upgrading Petitioner’s OTH discharge to a general
characterization of service. ,The Board does not:.condone his
misconduct, but notes that all of his offenses were minor in
nature. The Board also notes his combat experience, including
his CAR, and finds that as a matter of clemency, his discharge
should be upgraded.
In view of the above, the Board directs the following limited
corrective action.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected to show
that on 14 August 1992, he was issued a general discharge, vice
the OTH of the same date.
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.
d. That the Department of Veterans Affairs be informed
that he applied to this Board in May 2010.
e. That the remainder of Petitioner’s request be denied.
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 JN 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 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.
J
\D oad
W. DEAN PFE
Executive Diract
NAVY | BCNR | CY2011 | 03024-11
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by changing. On 2 December 1992, he ‘completed his required active service, was separated with an other than honorable (OTH) characterization of service, and was transferred to the Marine Corps Reserve. c. That any material directed to be removed from Petitioner’s naval record be...
NAVY | BCNR | CY2010 | 11224-10
The Board, consisting of Messrs. Gorenflo, Storz, and Whalen, reviewed Petitioner's allegations of error and injustice on 28 July 2011 and, pursuant to its regulations, determined that partial corrective action indicated below should be taken on the available evidence of record. Therefore the Board concludes that as a matter of clemency, a general discharge is more appropriate than the OTH discharge now of record. Pursuant to the delegation of authority set out in Section 6(e) of the...
NAVY | BCNR | CY2010 | 05850-10
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. 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...
NAVY | BCNR | CY2012 | 01075 12
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 SIN Docket No: 01075-12 3 December 2012 From: Chairman, Board for Correction of Naval Records TOY Secretary of the Navy Subj: REVIEW OF NAVAL RECORD lr Ber: {a} LO U.S.C, 1552 Encl: (1) DD Form 149 with attachments (2) Case Summary (3) Subject's naval record 1. The Board, consisting of Messrs. Zsalman and Storz and Ms. Countryman, reviewed Petitioner's allegations of...
NAVY | BCNR | CY2010 | 10538-10
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by changing the characterization of his other than honorable (OTH) conditions discharge issued on 22 August 1978 to general. Tt was recommended that he be administratively separated with a type warranted by his service record characterization of service. On 22 August 1978, he received...
NAVY | BCNR | CY2011 | 03840-11
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S$. 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 his discharge of 15 March 1989 be changed to general. d. On 6 October 1988, Petitioner was notified of pending administrative discharge processing with an OTH discharge due to misconduct (commission of a serious offense).
NAVY | BCNR | CY2010 | 11937-10
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 his discharge of 24 January 1991 be changed to general. 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 he was discharged with a general under...
NAVY | BCNR | CY2008 | 02156-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMS Docket No: 2156-08 27 October 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD oF =i Ref: (a) 10 U.S.C. Apparently, the separation authority approved the discharge recommendation and directed an OTH discharge by reason of misconduct due to a pattern of misconduct. That Petitioner's naval record be corrected to show that he...
NAVY | BCNR | CY2008 | 04013-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No: 04013-08 9 February 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: 7 NAVAL RECORD Cy psitggiigaianihe Ref: (a) 10 U.S.C. He requested an ADB which recommended that he be separated from military service with OTH discharge. The commanding officer endorsed the separation, but recommended a general discharge.
NAVY | BCNR | CY2011 | 07273-11
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by changing the characterization of his other than honorable (OTH) conditions discharge issued on 22 August 1978 to general. It was recommended that he be administratively separated with a type warranted by his service record characterization of service. However, due to his misconduct...