DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 01037-13
20 November 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 U.S.C. 1552
b
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 an upgrade of. his other than honorable discharge
issued on 23 October 1992.
2. The Board, consisting of Mr. Sproul, Mr. Rothlein, and
Ms. Trucco, reviewed Petitioner's allegations of error and
injustice on 19 November 2013 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record. The majority of the
Board, Mr. Rothlein and Ms. Trucco, voted to upgrade Petitioner’s
discharge. The minority member, Mr. Sproul, voted to deny
relief. 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 ig in the interest of justice to waive the statute of
limitations ahd review the application on its merits.
c. Petitioner enlisted in the Navy and began a period of
active duty on 5 July 1990. On 14 February and 19 July 1992, he
received nonjudicial punishment (NUP) for two instances of
disobedience, larceny, and assault. He was diagnosed as being |
alcohol dependent and was recommended to attend Level IIT Alcohol
Rehabilitation Treatment on 28 July 1992, but refused.
Subsequently, administrative discharge action was initiated by
reason of alcohol. rehabilitation treatment failure and misconduct
due to commission of a serious offense, 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 be discharged under other than honorable
(OTH) conditions. The separation authority concurred and
directed an OTH discharge by reason of misconduct due to.
commission of a serious offense. He was So discharged on
323 October 1992.
MAJORITY CONCLUSION:
Upon review and consideration of all the evidence of record, a
majority of the Board, consisting of Mr. Rothlein and Ms. Trucco,
concludes that Petitioner's request warrants favorable action.
In reaching its conclusion, the majority initially notes
Petitioner’s youth, time in service and after careful and
conscientious consideration of the entire record, including his
two NUP’s, the majority concludes that even though the OTH was
proper, based on his overall record of military service, post
service accomplishments, and character letters accompanying his
application, the record should reflect a general characterization
of service. In view of the foregoing, the majority recommends
the following corrective action:
MAJORITY RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 23 October 1992, he was issued a general discharge vice the
OTH discharge actually issued on that date.
b. That a copy of this report of proceedings bé filed in
Petitioner's naval record.
the Department of Veterans Affairs be
-c, That upon request,
s application was received on 14 January
informed that Petitioner’
2013.
MINORITY CONCLUSION :
h the majority and concludes that
Mr. Sproul disagrees wit
s not warrant favorable action.
,Petitioner’s request doe
The-minority-member notes that Petitioner was separated for
misconduct due to a commission of a serious offence. The
minority further notes that he was diagnosed as being alcohol
ht
. , - . : .
| ROBERT L. WOODS
dependent, offered treatment to overcome his dependency and .
subsequently refused such treatment, thus, supporting the OTH
discharge. Since that discharge was proper at the time,
Petitioner should not be permitted to change it now.
Additionally, the fact that he waived his right to an ADB, his
best chance for retention or a better characterization of service
convinces the minority that relief is not warranted. In view of
the foregoing, the minority finds no injustice warranting
corrective action.
MINORITY RECOMMENDATION: »
a. That Petitioner's request be denied.
4, 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.
Arter Dror
ROBERT D. ZSALMAN BRIAN J. GEORGE
Recorder Acting Recorder
S.. The foregoing action of the Board is submitted for your
review and action.
(
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