DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11937-10
10 August 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) 10 U.S.C. 1552
Enel: (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 his discharge of 24 January 1991 be changed
to general.
2. The Board, consisting of Mr. Rothlein, Mr. Spain and
Ms. Zivnuska, reviewed Petitioner's allegations of error and
injustice on 3 August 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 in a
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
c. Petitioner eniisted in the Navy and began a period of
active duty on 22 June 1989 at the age of 17. On 27 September
1989, he was the subject of a psychological evaluation which
diagnosed him with an immature personality disorder and found
that he was narcissistic and demanding. He was disqualified from
submarine duty. On 21 March 1990 a second psychological
evaluation diagnosed him with a severe personality disorder not
otherwise specified with passive aggressive and narcissistic
features that existed prior to enlistment. The prognosis for
honorable completion of his enlistment was considered poor.
Administrative discharge processing was strongly recommended.
Petitioner received nonjudicial punishment (NJP) on three
occasions from 17 February through 28 July 1990, for two
instances of unauthorized absence from his unit and larceny of
personal property. On 19 September 1990, he was convicted by
special court-martial (SPCM) of two instances of insubordinate
conduct toward a superior petty officer and two instances of
disobeying a lawful written order. The sentence imposed was
confinement for 29 days and a forfeiture of pay.
d. On 15 October 1990, he was notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct (pattern of misconduct). After
consulting with legal counsel, he elected to present his case to
an administrative discharge board (ADB). On 8 November 1990, the
ADB found that he committed misconduct and recommended that he be
separated with an OTH discharge. The separation authority agreed
with the findings and recommendation of the ADB and directed the
commanding officer to issue the OTH discharge by reason of
misconduct due to a pattern of misconduct. On 4 January 1991, he
again received NJP for assault. On 24 January 1991, he was
separated with the OTH discharge due to misconduct (pattern of
misconduct).
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 his disciplinary infractions
and does not condone his misconduct, but finds all the misconduct
to be the result of his personality disorder and could have been
avoided if the recommendation to administratively separate him
had been carried out sooner. In this regard, and as a matter of
clemency, the Board believes that the record should reflect that
he 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 his 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 he
was discharged with a general under honorable conditions
characterization on 24 January 1991 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.
¢. 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.
Bape | Jonge
ROBERT D. ZSALMAN BRIAN J‘ GHORGE
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.
W. DEAN ‘P
By directio
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