DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SON
Docket No: 06348-10
4 April 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 U.8.¢€, 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 a change in the general characterization of his
service assigned on 5 February 1988.
2. The Board, consisting of Mr. Exnicios, Mr. Pfeiffer, and
Mr. Ivins, reviewed Petitioner's allegations of error and
injustice on 29 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 enclosure (1) was not filed in a timely manner,
it ig in the interest of justice to waive the statue of
limitations and review the application on its merits.
c. Petitioner enlisted in the Navy and began a period of
active duty on 25 March 1986. On 10 July 1986, he received
nonjudicial punishment (NJP) for wrongful use of marijuana. He
received a forfeiture of pay. Additionally, he was counseled and
warned that further misconduct could result in administrative
discharge action. He served without incident until 3 February
1988, when he was diagnosed with a personality disorder.
Subsequently, he was notified of pending administrative
separation action by reason of convenience of the government due
to the diagnosed personality disorder. He elected to waive the
rights to consult counsel, or submit a statement. On 5 February
1988, he received a general discharge.
d. Based on the information currently contained in his
record, on 6 May 1988, his commanding officer (CO) forwarded his
case to the separating authority, stating that he directed his
separation from the naval service with an honorable discharge on
5 February 1988.
e. Petitioner’s characterization of service, at that time,
should have been based on his individual trait averages computed
from marks assigned on a periodic basis. His overall conduct
average was 3.9. At the time of his service, an average of 3.0
was required for a fully honorable characterization of service.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants relief.
The Board concurs with the CO’s letter of 6 May 1988 that
directed he receive an honorable discharge. Although he did
receive NJP for drug use, his CO did not also use misconduct to
process him, and per his delegation authority at that time,
administratively separated him due convenience of the government
based only on his diagnosed personality disorder. The Board
concludes that he should have received an honorable discharge.
In view of the above the Board directs the following corrective
action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 5 February 1988, he received an honorable discharge vice the
general discharge, now of record.
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
c. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on 14 June
201°.
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.
acme OH S>-—~
ROBERT D. 4SALMAN BRIAN J. 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.
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