DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3480-11
30 January 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD |
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 Navy, filed enclosure (1) with
this Board requesting that the other than honorable (OTH)
characterization of his discharge of 15 March 1989 be changed to
general.
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman and
Mr. Exnicios, reviewed Petitioner's allegations of error and
injustice on 19 January 2012 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 enlisted in the Navy and began a period of
active duty on 2 May 1986 at the age of 19. He received
nonjudicial punishment (NUP) on four occasions for two instances
of unauthorized absence (UA), two instances of disobeying a
lawful order or regulation, and missing ship's movement.
d. On 6 October 1988, Petitioner was notified of pending
administrative discharge processing with an OTH discharge due to
misconduct (commission of a serious offense). He waived all of
his procedural rights, including the right to an administrative
discharge board (ADB). On is March 1989, he received the OTH
discharge for misconduct (commission of a serious offense).
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 minor in nature. 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 15 March 1989 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.
ce. 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 notified that
he applied to this Board on 15 March 2011
2
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.
ROBERT D. ZSALMAN on J Born) Sow
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.
Los Wesel PFEILF
By directio
NAVY | BCNR | CY2010 | 11937-10
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 his discharge of 24 January 1991 be changed to general. 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...
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 | CY2012 | 04993 12
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) discharge issued on 28 February 1991 toa fully honorable discharge. On 14 February 1991, the Navy Personnel Command directed that he be separated with a type warranted by service record characterization due to...
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 | CY2008 | 07160-08
DEPARTMENT OF THE NAVY BOARD EOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMS Docket No: 7160-08 26 March 2009 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, a former member of the Navy, applied to this Board requesting a general discharge vice the other than honorable (OTH) discharge that was issued on 7 May 1990. ...
NAVY | BCNR | CY2013 | NR4110-13
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) discharge issued on 18 April 1994 be upgraded to an honorable discharge. CONCLUSION: Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief. the Board’s...
NAVY | BCNR | CY2008 | 02620-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMS Docket No: 2620-08 21 November 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. On 19 December 1988, the separation authority approved the separation recommendation and directed an OTH discharge by reason of misconduct due to minor disciplinary infractions. That Petitioner's naval record be corrected to...
NAVY | BCNR | CY2009 | 04183-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SON Docket No: 041383-09 22 March 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy AVAL RECORD oF
NAVY | BCNR | CY2013 | NR7600 13
The Board, consisting of Mr. Zsalman, Mr. Grover, and Mr. Midboe, reviewed Petitioner's allegations of error and injustice on 13 August 2014 and, pursuant to its regulations, determined that the limited corrective action indicated below should be taken on the available evidence of record. ‘The Board particularly notes that he received the Good Conduct Medal and this was his only offense during more than three years of service, Moreover Petitioner’s commanding officer recommended that he...
NAVY | BCNR | CY2007 | 08072-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TUR Docket No: 8072-07 3 October 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF ..JgI Ref: (a) 10 U.S.C. 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. The Board finds that...