DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 3024-11
12 December 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 17 Nov 10 w/fencls
(2) Subject’s naval record
1. 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 2 December 1992 to honorable.
2. The Board, consisting of Messrs. Bourgeois and Gattis and
Ms. Zivnuska, reviewed allegations of error and injustice on 6
December 2011, and pursuant to its regulations, determined that
limited relief should be granted. 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 which were available under existing law
and regulations within the Department of the Navy.
b. Petitioner enlisted in the Marine Corps and entered
active duty on 13 October 1988. He received nonjudicial
punishment and was convicted by a special court-martial. ‘His
offenses included wrongfully discharging a weapon, assault (two
specifications), and unlawfully entering a barracks room with
the intent of committing a crime. 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. He was not
administratively separated, so he had none of the procedural
rights he was entitled to in comnection with the issuance of an
OTH discharge. He was honorably discharged from the reserve
component on 16 November 1996.
CONCLUSION :
Upon review and consideration of all the evidence of record,
the Board finds the existence of an error and injustice
warranting upgrading Petitioner’s OTH discharge to a general
characterization of service. The Board does not condone his
misconduct, and due to it, the Board believes that he does not
deserve a fully honorable characterization of service. The
Board concludes that an error and injustice occurred in issuing
him an OTH characterization of service, and that his discharge
should be upgraded to general. In view of the above, the Board
directs the following limited corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show
that on 2 December 1992, he was issued a general discharge,
vice the OTH characterization of service of the same date.
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.
c. 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.
d. That the Department of Veterans Affairs be informed
that this Board his application on 18 March 2011.
e. That the remainder of his request be denied.
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.
Arcana} Arorgr
ROBERT D. ZSALMAN BRIAN Jv 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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