DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 1421-13
22 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 microfiche record
1. Pursuant to the provisions of reference {a), Petitioner
filed enclosure (1) with this Board requesting further that his
naval record be corrected to show an honorable characterization
of service rather than the other than honorable conditions
discharge he received on 28 February 1983.
2. The Board, consisting of Messrs. Ruskin, Exnicios, and
Hedrick, reviewed Petitioner's allegations of error and
injustice on 20 May 2014 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 Boar 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. Petitioner enlisted in the Navy on 30 October 1980. On
15 June 1982 he was diagnosed with posttraumatic stress disorder
due to being involved ina robbery attempt where he was shot and
a friend was killed. on 5 January 1983 he received nonjudicial
punishment for wrongful use of marijuana.
¢. On 6 January 1983 Petitioner's commanding officer
recommended that he be separated with a general discharge by
reason of misconduct due to drug abuse. On 28 February 1983 he
received a discharge under other than honorable conditions.
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 commanding officer’s
recommendation and his being the victim of a robbery attempt
where a friend was killed, his discharge should be upgraded to
general as a matter of clemency. 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 he
was separated on 28 February 1983 with a general discharge.
b. That a copy of this Report of Proceedings be filed in his
naval record.
c. That no further relief be granted.
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 Executive Director
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.
ROBERT D. ZSALMAN ~
Acting Executive Director
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