‘DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 07600-13
18 August 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW i NAVAL RECORD OF FORMER as
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 United States Navy Reserve, filed
enclosure (1) with this Board requesting, in effect, that his
other than honorable (OTH) discharge be upgraded to honorable
that he received on 25 March 1994,
2. The Board, consisting of Mr. Zsalman, Mr. Grover, and Mr.
Midboe, reviewed Petitioner's allegations of error and injustice
on 13 August 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 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. Petitioner enlisted in the Navy Reserve on 1 December
1990. He received nonjudicial punishment (NJP) on 2 December
1993, for making a false official statement by submitting a
transfer evaluation on himself and forgery of the commanding
officer’s signature. He received the Good Conduct Medal. He
was then administratively processed for misconduct. He waived
his procedural right to an administrative discharge board. It
should be noted that on-3 March 1994, Petitioner's commanding
officer recommended that he receive an honorable discharge. On
25 March 1994, he was discharged under other than honorable
conditions due to misconduct, and assigned an RE-4 (not
recommended for retention) reentry code.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that the OTH discharge was too harsh for an
isolated act of misconduct. ‘The Board particularly notes that
he received the Good Conduct Medal and this was his only offense
during more than three years of service, Moreover Petitioner’s
commanding officer recommended that he teceive an honorable £
discharge. As a matter#of clemency, the Board recommends a
general characterization of service. 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 assigned a general characterization of service vice the
OTH on 25 March 1994.
b. That no further relief be granted.
¢. That a copy of this report of proceedings be filed in his
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.
; , Anion Droge
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 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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