DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 11224-10
2 August 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
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 United States Navy, filed enclosure
(1) with this Board requesting, in effect, that his other than
honorable (OTH) discharge of 23 April 1993, be upgraded to an
honorable discharge.
2. 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. 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 enlisted in the Navy on 5 May 1992, and
served without disciplinary incident until 23 February 1993, when
he received nonjudicial punishment (NUP) for two specifications
of unauthorized absence and missing ship’s movement. Therefore,
he was recommended for separation due to commission of a serious
offense with a general discharge. He waived his right to consult
with counsel and an administrative discharge board.
c. The Chief of Naval Personnel disagreed with Petitioner’s
commanding officer's recommendation, and on 23 April 1993, he was
separated with an other than honorable (OTH) discharge, and an
RE-4 reentry code, due to commission of a serious offense.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants partial
favorable action.
The Board initially notes that although Petitioner received one
NIP, the commanding officer recommended a general discharge.
Although the Board does not condone his misconduct, it believes
that an OTH discharge is too harsh. Therefore the Board
concludes that as a matter of clemency, a general discharge is
more appropriate than the OTH discharge now of record. In view
of the above, the Board recommends the following limited
corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by changing
the OTH discharge assigned on 23 April 1993, toa general
discharge.
b. That Petitioner’s request for corrective action that
exceeds the foregoing is denied.
c. 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.
d. 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 ina
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
present at the Board's review and deliberations, and that the
foregoing is a true and complete record of the Board's proceeding
in the above entitled matter.
\
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.
\pus
W. DEAN P EB
Executive rector
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