DEPARTMENT OF THE NAVY |
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 01420-12
29 November 2012
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) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former seaman apprentice of the Navy, filed enclosure (1) with
this Board requesting an upgrade to his other than honorable
(OTH) characterization of service issued on 9 October 1992.
Countryman, reviewed Petitioner's allegations of error and
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.
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 entered active duty in the Navy on 20 August
1990, and served without any disciplinary incident until 7 August
1992, when he received nonjudicial punishment for failing to obey
a lawful order by inhaling the contents of an aerosol can.
d. He was recommended for separation with an OTH discharge.
On 9 October 1992, the separation was approved and he was
separated with an OTH due to misconduct and an RE-4 reentry code.
His overall trait average was 3.3.
CONCLUSION:
The Board does not condone his action of inhaling an aerosol can,
a potentially life threatening act. However it was the contents
of an isolated event in an otherwise good career, with a overall
trait average of 3.3, which was sufficiently high to warrant a
general discharge.
Therefore, upon review and consideration of all the evidence of
record, the Board concludes that Petitioner's request warrants
partial relief.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 9 October 1992, he received a general characterization of
service under honorable conditions vice the OTH discharge now of
b. That no further relief be granted.
c. That this Report of Proceedings be filed in the
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. 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.
BRIAN J. GEORGE
Head, Discharge Section
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