DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 13634-10
21 March 2011
From: Chairman, Board for Correction of Naval Records
Der Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF Ec enl/
Ref: (a) 10 U.S.C. L552
Ene 1: (1) DD Form 149 with attachments
(2) 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 characterization of his discharge be changed.
2. The Board, consisting of Messrs Exnicios, George and Pfeiffer,
reviewed Petitioner's allegations of error and injustice on 15 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. It appears the enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Navy on 26 February 1996 and had
no disciplinary infractions until 10 November 1997 when he received
nonjudicial punishment (NJP) for simple assault. Unfortunately he
received a second NUP on 6 March 1998 and a third one on 15 May 1998.
His offenses were two periods of unauthorized absence totaling two
days, six hours and 15 minutes. Based on the frequency of misconduct
Petitioner was an issued an other than honorable discharge (OTH) on
15 June 1998.
d. In his application to the Board attributes his problem to the
depression he felt after the deaths of his parents and brother all
of which occurred within a nine month time span.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
concludes that relief is warranted. Based on the minor nature o£
Petitioner’s offenses, the extenuating circumstances that
influenced his misbehavior and the passage of time since his
discharge the Board believes that the interests of justice would be
better served by upgrading his discharge to general under honorable
conditions. Such action is taken as a matter of clemency. More
specifically this Board cannot fault Navy officials for issuing
Petitioner an OTH in 1998 based on his frequent acts of misconduct.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he was
issued a general discharge under honorable conditions on 15 June 1998
in lieu of an other than honorable discharge.
b. That acopy 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 by the Board on 22
December 2010.
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.
ed BL
ROBERT D. ZSALMAN 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
has been approved by the Board on behalf of the Secretary of
W. DEAN
Executive IW tor
(a),
the Navy.
NAVY | BCNR | CY2011 | 01938-11
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that his reenlistment code (RE-4) he changed and that his other than honorable discharge (OTH) be upgraded. As a result of his alcohol related offenses he was not recommended for reenlistment and assigned an RE-4 reenlistment code and issued an OTH. e. Enclosure (2) is an advisory opinion from Code MMER of Headquarters Marine Corps...
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 | 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 | CY2007 | 10036-07
10036-07 29 July 2008 From: Chairman, Board for Correction of Naval Records To: secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF@€ Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Navy, applied to this Board requesting that his discharge be upgraded to honorable. The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand the reasons for the...
NAVY | BCNR | CY2010 | 06067-10
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 assigned on 14 August 1992 to an honorable discharge. The Board also notes his combat experience, including his CAR, and finds that as a matter of clemency, his discharge should be upgraded. c....
NAVY | BCNR | CY2010 | 06776-10
The Board, consisting of Messrs George, Pfeiffer and Storz, reviewed Petitioner's allegations of error and injustice on 25 June 2010 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand the reasons for the Board’s action. That Petitioner's discharge of 6...
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 | 09597-10
09597-10 25 March 2011 From: Chairman, Board for Correction of Naval Records TO: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF pe? Pursuant to the provisions of reference (a), Petitioner, applied to this Board requesting that the other than honorable discharge (OTH) and RE-4 reenlistment code issued to him on 21 December 2006 be changed. After his second nonjudicial punishment Petitioner was referred to an alcohol abuse program for treatment.
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...
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...