DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 pro
Docket No: 03378-11
17 October 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject’s naval record
(4) Advisory Opinion CO, OTCN ltr dtd 26Mayl1l1l
(5) Advisory Opinion JAG itr dtd 6Sepll
1. Pursuant to the provisions of reference (a),
Petitioner, a former officer candidate of the United States
Navy, filed enclosure (1) with this Board requesting, in |.
effect, that his record reflect a change in the separation
authority, separation code, reentry code, and narrative
reason for separation in blocks 25, 26, 27, and 28 of his
DD Form 214 (Certificate of Release or Discharge from
Active Duty).
2. The Board, consisting of Mr. LaCroix, Mr. Midboe, and
Mr. Silberman, reviewed Petitioner's allegations of error
and injustice on 13 October 2011, and, pursuant to its
regulations, determined that the 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, and enclosures (1)
through (5). Enclosure (4) provided information concerning
his student status while pending his re-designation, which
verified that he was never commissioned. Enclosure (5)
provided clarification in regards to the Petitioner’s
reconsideration from a previous case.
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 did not
exhaust all administrative remedies available under
existing law and regulations within the Department of the
Navy. He can apply to the Naval Discharge Review Board
(NDRB) for a change to his narrative reason for separation,
discharge, and reentry code.
b. Enclosure (1) was filed in a timely manner.
ec. Petitioner was enrolled in the Naval Officer
Candidate School on 10 January 2009. He served honorably
until 10 June 2009, when an investigation was initiated
concerning an alleged simple assault by him on a fellow
female student. On 10 June 2009, he received a counseling
directing him to not have females in his barracks room.
However, on 23 June 2009, he was videotaped escorting a
female to his room. On 25 June 2009, a Disciplinary Review
Board (DRB) convened and determined by a vote of 5-0 that
he should be attrited from Officer Candidate School. On 29
June 2009, the commanding officer recommended discharge.
On 2 July 2009, Petitioner was discharged with an honorable
discharge by reason of failure to complete a commissioning
or warrant program and received an RE-3K reentry code.
However, due to an administrative oversight in block 25 of
his DD-214, the incorrect separation authority (MILPERSMAN
1910-102) was documented. His separation authority should
be MILPERSMAN 1910-182. ,
CONCLUSION:
Upon review and consideration of all the evidence of
record, the Board concludes that Petitioner's request
warrants partial favorable action, by changing his
separation authority in block 25 of his DD Form 214. All
other requests should be directed to NDRB.
In view of the foregoing, the Board finds the existence of
an error warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show
that his separation authority be changed from “MILPERSMAN
1910-102" to “MILPERSMAN 1910-182” and a “Certificate of
Release or Discharge from Active Duty” (DD Form 215) be
issued.
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.
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.
ROBERT D. ZSALMAN BRIAN J Basson Haag
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.
Lun hel
W. DEAN PRE R
By directx
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