DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 5497-13
10 July 2014
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) 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 a change of this other than honorable (OTH)
discharge received on 21 September 1995 to a general under
honorable conditions.
2. The Board, consisting of Mr. Clemmons, Mr. Zsalman, and
Mr. Marquez, reviewed Petitioner's allegations of error and
injustice on 8 July 2014 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 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 is in the interest of justice to waive the statute of
limitations and review the application on its merits.
c. Petitioner enlisted in the Navy and began a period of
active duty on.16 November 1993. On 27 January 1995, he was
counseled regarding avoiding a working party and climbing through
life lines on the fantail of his ship feigning jumping overboard.
He was warned that further misconduct could result in
administrative discharge action. On 21 April 1995, he received
“nonjudicial punishment (NJP) for jumping from his ship into the
water, disobedience, and misbehavior of a sentinel. He received
a forfeiture of pay, a reduction in paygrade, and three days on
bread and water. Subsequently, administrative discharge action
was initiated by reason of misconduct due to commission of a
serious offense. He elected to consult counsel and have his case
heard before an administrative discharge board (ADB). On 5 July
1995, the ADB found that he had committed misconduct and
recommended that he be separated with an OTH discharge. On |
26 July 1985, -his commanding officer concurred with the ADB's:
findings and fonwarded his recommendation that he receive an OTH
discharge. On IS September 1995, 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
21 September 1995.
d. With his application, Petitioner states, in part, that
his only misconduct was diving off his ship on a dare, and
although it was not a commendable thing to do, he does not feel
he deserves an OTH discharge, Additionally, he is seeking
assistance through a Retraining Assistance Program offered
through the Department of Veterans Affairs.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board concludes that based on the relatively minor nature of
his offenses as well as his youth at the time of these offenses,
the record should reflect a general characterization of service
as an act of clemency. In view of the foregoing, the Board
recommends the following corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 21 September 1995, he received a general discharge vice the
OTH discharge actually issued on that date.
b. That a copy of this report of precseirige be filed in
Petitioner’s naval record.
c. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on
27 May 2013.
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. 4SALMAN 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.
ROBERT D. ZSALMAN
Acting Executive Director
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