DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ech
Docket No. 07770-10
8 October 2010
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF Qi 77777 ees,
Ref: (a) 10° U.S.6. 1552
Ene J. (1) DD Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, applied
to this Board requesting that the general discharge issued to him
on 9 June 2006 be upgraded.
2. The Board, consisting of Messrs Grover, Neuschafer and Ms.
Aldrich, reviewed Petitioner's allegations of error and injustice
on 5 October 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 Navy on 13 August 2003 at age 18.
Petitioner began to experience financial difficulties in the latter
part of 2005 that resulted in a formal warning and counseling session
in January 2006 regarding late payments to creditors and overdrafts
on his accounts at the Navy Federal Credit Union. Unfortunately
Petitioner’s inability to manage his financial affairs in a proper
manner resulted in his receiving nonjudicial punishment (NJP) in
March 2006 for a making a false official statement regarding the
Status of his debts. This was Petitioner’s first and only
disciplinary action in over two years and seven months of service.
d. Based on Petitioner's NUP and continuing financial problems he
was administratively separated with a general discharge on 9 June
2006. At the time of his separation Petitioner's performance mark
of 4.0 and conduct mark of 3.5 would, under normal circumstances,
have resulted in an honorable discharge.
e. In his application to the Board Petitioner states that after
his distharge he consultéd with an attorney who after contacting
Petitioner's creditors arranged for him to undergo processing under
Chapter 7 of the federal bankruptcy laws thereby settling his
outstanding debts.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
concludes that as a matter of clemency Petitioner is entitled to
relief. The Board’s conclusion is based on the minor nature of
Petitioner’s problems which appear to be attributable to his youth
and inexperience in handling his finances and not due to any larcenous
motives. Moreover despite his financial problems Petitioner earned
above average to excellent marks in performance and conduct.
Finally his post-service conduct is also worthy of consideration.
Under these circumstances the Board believes that Petitioner’s
discharge should be upgraded to fully honorable.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on 9
June 2006 he was issued an honorable discharge in lieu of the general
discharge originally issued on that date.
b. That upon request that the Department of Veterans’ Affairs be
informed that Petitioner’s application was received by the Board on
21 July 2010.
c. That acopy of this Report of Proceedings be filed in Petitioner's
naval 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.
ALMAN
ROBERT D.
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 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.
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