DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 01075-12
3 December 2012
From: Chairman, Board for Correction of Naval Records
TOY Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD lr
Ber: {a} LO 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 a change in his other than honorable (OTH)
Characterization of his service be changed to fully honorable,
that his narrative reason for separation (misconduct-pattern of
misconduct) be change to “convenience of the government”, and
RE-4 (not recommended for reenlistment) reentry code.
2. The Board, consisting of Messrs. Zsalman and Storz and
Ms. Countryman, reviewed Petitioner's allegations of error and
injustice on 29 November 2012 and, pursuant to its regulations,
determined that the limited 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 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 an began a périod of
active duty on 6 July 1990. On 11 February 1992, he received
nonjudicial punishment (NJP) for dereliction of duty. He
received restriction, extra duty, and a reduction in paygrade.
Further, he was counseled and warned that further misconduct
could result in administrative discharge action. On 30 June
1992, he was counseled once again and warned of the consequences
of further misconduct. On 2 September and 17 November 1992, he
received NUP for two periods of unauthorized absence,
disobedience, and drunk and disorderly conduct. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. He waived his rights
to consult counsel, submit a statement or have his case heard by
an administrative discharge board (ADB). His case was forwarded
recommending that he receive a general discharge by reason of
misconduct. The separation authority did not concur and directed
an OTH discharge by reason of misconduct due to a pattern of
misconduct. He was so discharged on 11 December 1992. At that
time, he was assigned an RE-4 (not recommended for reenlistment)
reentry code. The RE-4 reentry code must be assigned to all
Sailors discharged due to misconduct.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
favorable action.
In reaching its conclusion, the Board notes Petitioner’s youth,
time in service, and after careful and conscientious
consideration of the entire record, including his three NJP’s for
relatively minor disciplinary infractions, it concludes that even
though the OTH discharge was properly issued by the separation
authority, the commanding officer's recommendation was a general
characterization of service, who was able to observe his
performance and conduct. The Board concludes that his record
should reflect a general characterization of service. In view of
the foregoing, the Board recommends the following limited
corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 11 December 1992, he received a general discharge vice the OTH
discharge actually issued on that date.
b. That no further relief be granted
c. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
d. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on 26 January
aQt2..
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. 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 (a), has been approved by the Board on
behalf of the Secretary of the Navy.
Qa Arorgr
BRIAN J GEORGE
Head, Discharge Section
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