DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 4993-12
27 March 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
; te ret
Sub): Gaeaereee a a
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.g.c. 1552
Encl: (1) DD Form 149 dtd 25 Aug 10 w/attachment
(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) discharge
issued on 28 February 1991 toa fully honorable discharge.
2. The Board, consisting of Mses. Bianchi and Trucco and Mr.
Hedrick, reviewed allegations of error and injustice on 26 March
2013, 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 reenlisted in the Navy on 5 May 1989 after
more than three years of prior honorable service. On 16 July
1990, he was convicted of two alcohol related offenses in civil
court (assault and malicious mischief). He completed Level III
inpatient alcohol rehabilitation on 17 October 1990. On 6
December 1990, he was arrested for driving while intoxicated.
Administrative discharge processing was then initiated for
misconduct (commission of a serious offense) and alcohol
rehabilitation failure. He waived his procedural right to an
administrative discharge board. On 14 February 1991, the Navy
Personnel Command directed that he be separated with a type
warranted by service record characterization due to alcohol
abuse rehabilitation failure. On 28 February 1991, he was
discharged with an OTH characterization of service due to
alcohol abuse - rehabilitation failure, and assigned an RE-4
(not recommended for reenlistment) reentry code. His overall
trait mark average was 3.46, which was high enough to warrant a
fully honorable characterization of service.
c. A type warranted by service record characterization of
service can only be general or honorable.
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board finds the existence of an error warranting upgrading
Petitioner’s OTH discharge to a general characterization of
service. The Board particularly notes that although his overall
trait mark average was high enough to warrant a fully honorable
discharge, he had three alcohol related incidents. 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 28 February 1991, he was issued a general discharge, vice the
OTH characterization of service on 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 ina
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner’s naval record.
dad. That no further relief be granted.
e. That the Department of Veterans Affairs be informed that
he applied to this Board on 13 April 2012.
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 beat
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.
re Pea OS, a
ROBERT D. “ZSALMAN
Acting Executive Director
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