DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 5635-13
22 duly 2014
From: Chairman, Board for Correction of Naval Records
To; Secretary of the Navy
2 gee acco © EY
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 in his character of service (GENERAL
(UNDER OTHER THAN HONORABLE) ).
2. The Board, consisting of Ms. Davis, Mr. Grover, and
Ms. Wilcher, reviewed Petitioner's allegations of error and
injustice on 15 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 ina timely manner,
it is in the interest of justice to waive the statute of
limitations and review the application on its merits.
ce. Petitioner enlisted in the Navy and began a period of
active duty on 14 February 1980. On 10 April 1981 and 7 April
1982, he received nonjudicial punishment (NJP) for two days of
“wnauthorized absence (UA), missing ship’s movement, and wrongful
possession of hashish. Additionally, he was identified as a drug
user and placed in a mandatory drug urinalysis screening program.
On 15 July 1982, he received NIP for two instances of UA. On
19 July 1982, he was counseled and warned that further misconduct
‘could result in administrative discharge action. Subsequently,
administrative discharge action was initiated by reason of |
misconduct due to a pattern of misconduct. He waived his rights
to consult counsel, submit a statement or have his case heard by
an administrative discharge board (ADB). On 24 September 1982,
he received his fourth NUJP for two instances of UA, disobedience,
and misbehavior of a sentinel. His case was forwarded
recommending that he be discharged under honorable conditions by
reason of misconduct, The separation authority concurred and
directed a general ;discharge by reason of misconduct. On
29 October 1992, hé was so discharged. However, his Certificate
of Release or Discharge from Active Duty (DD Form 214)
erroneously states that his character of service is “GENERAL
(UNDER OTHER THAN HONOABLE) “ , Petitioner states, in part, that
he is having issues with the Department of Veterans Affairs due
to his current. characterization of service.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
In this regard, the Board notes Petitioner's overail record of
military service, including his four NJP’s, one of which involved
wrongful drug possession. However, the Board notes that the
separation authority directed that Petitioner receive a general
discharge. Accordingly, the “GENERAL (UNDER OTHER THAN
HONORABLE)” was érroneous, and should be changed to read “GENERAL
(UNDER HONORABLE CONDITIONS)".
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 29 October 1982 he received a “GENERAL (UNDER HONORABLE
CONDITIONS)” characterization of service vice the “GENERAL (UNDER
OTHER THAN HONORABLE)” actually issued on that date.
b. ‘That a copy of this report of proceedings be filed in
Petitioner’s naval record.
c. That upon request, the Department of Veterans Affairs be
informed that Petitioner's application was xeceived on 28 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. ZSALMAN | 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 Reguiation, 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.
Ee RD Goo
. ALMAN
ROBERT D.-
Acting Executive Director
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