DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Ot S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24906
CRS
Docket No: 10399-12
14 May 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
NAVAL RECORD
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149
(2) Subject’s naval record
1. Pursuant to the provisions of reference (a), Petitioner filed
enclosure (1) with this Board requesting his naval record be
corrected to show a more favorable type of separation than the
discharge under other than honorable conditions.
2. The Board, consisting of Mr. Sproul, Mr. Lippolis, and Ms.
Zivnuska, reviewed Petitioner's allegations of error and
injustice on 17 October 2013 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 allegation 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. Petitioner enlisted in the Navy on 15 August 1990. On 4
March 1992 he received nonjudicial punishment for failure to
obey a lawful order on four occasions. On 24 March 1992 his
commanding officer recommended that he be separated with a
discharge under other than honorable conditions by reason of
misconduct due to the commission of a serious offense.
¢. On 7 July 1992 the Navy Personnel Command directed that
he receive a type warranted by service record characterization.
At the time a conduct mark average of 3.0 was required for an
honorable discharge which he did not have. On 7 July 1992 he
received a discharge under other than honorable conditions by
reason of misconduct due to the 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. In this regard, based on the direction from the Navy
Personnel Command and his conduct mark average of less than 3.0,
his discharge should be upgraded to general.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that he
was separated on 7 July 1992 with a general discharge.
b. That a copy of this Report of Proceedings be filed in his
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. GEonts
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.
TW etut 3,
ROBERT D, “ASALMAN
Acting Executive Director
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