DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 1155-14
23 April 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
LEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 24 Oct 13 w/attachments
(2) NDRB rpt dtd 20 Sep 23
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by changing his
separation code of JPD (alcohol rehabilitation failure} and
reentry code of RE-4 (not recommended for retention), issued on
28 October 2004, be changed to RE-1 (recommended for retention).
2. The Board, consisting of Mses. Tolleffson and Montgomery and
Mr. Zsalman, reviewed allegations of error and injustice on 22
April 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. Before applying to this Board, Petitioner exhausted all
administrative remedies which were available under existing law
and regulations within the Department of the Navy.
b. Petitioner enlisted in the Navy and began a period of
active duty on 23 November 1994. On 27 October 2004, he
received nonjudicial punishment (NJP) for failure to obey a
lawful order, assault and battery, and being drunk and
disorderly. This was his third alcohol related incident while
serving on active duty. He was administratively separated on 28
October 2004 with a general characterization of service due to
alcohol rehabilitation failure, and assigned an RE-4 reentry
code.
ce. In enclosure (2), the Naval Discharge Review Board
(NDRB) upgraded his characterization of service to honorable and
changed his narrative reason for separation to Secretarial
Authority. The NDRB’s rationale was that his NUP was held the
day before his administrative discharge and there was no
evidence that he waived his right to an administrative discharge
board.
d. The correct separation code for the narrative reason for
separation of Secretarial Authority is JFF.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's case has merit and warrants _
partial corrective action. The Board particularly notes that
his narrative separation is now Secretarial Authority and his
separation code should be JFF. Regarding his RE-4 reentry code,
the Board finds that it was appropriately assigned in light of
his three alcohol related incidents and non-recommendation for
retention. In view of the above, the Board directs the
following limited corrective action.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected by
changing the separation code to. JFF.
b. That no further relief be granted.
c. That any material or entries inconsistent with or
relating to the Board’s recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
d. That any material directed to be removed from
Petitioner’s naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention ina
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner’s naval 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. -
ROBERT D. ZSALMAN BRIAN J. rae
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 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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