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NAVY | BCNR | CY2014 | NR5127 14
Original file (NR5127 14.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

Tee Coe or ee ee ee 2 or

"701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON. VA 22204-2490

SJN
Docket No: 5127-14
28 January 2015

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, in effect, that his other than honorable
discharge be changed to honorable, and narrative reason for
separation to convenience of ‘the government.

memes . Conetsting of eee

reviewed Petitioner's allegations of error and
injustice on 6 January 2015 and, pursuant to its regulations,
determined that the partial 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 19 July 1995. During the period from 7 February
to 30 May 1996, he was seen by medical personnel for suicidal
gestures, and an adjustment disorder with depressed mood. He was
found fit for duty and given resources to use if there were
further preblems. At that time, no further psychiatric follow-up
Was required, :
SUN
Docket No: 5127-14

gd. On 16 July 1996, Petitioner signed an enlisted evaluation
covering the pericd from 16 January to 15 July 19596, that states,
in part, that he was antisocial, argued with peers, had
difficulty making friends, financially irresponsible by uttering
hundreds of dollars in worthless checks to the Navy Exchange and
ship’s store, and was frequently counseled. During the period
from 2 November to 13 January 1997, he received three nonjudicial
Punishments (NJP) for unauthorized absence and four instances of
failing to go to his appointed place of duty. Although his
record is incomplete, it appears that after being afforded all of
his procedural rights, he was administratively discharged due to
a pattern of misconduct on 31 January 1997.

CONCLUSION:

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner’s request warrants partial
relief. In this regard, the Board concludes that based upon his
record of service, to include the three NUJP’s for relatively
minor offences, that relief in the form of his characterization
of service be changed to general. However, the Board concludes
that the narrative reason for discharge shall remain misconduct
due to a pattern of misconduct. In view of the above, the Board
directs the following partial corrective action.

RECOMMENDATION:

a. That Petitioner’s naval record be corrected to show that
on 31 January 1997, he received a “general discharge” vice
discharge under other than honorable conditions.

b. That no further relief be granted.

c. That a copy of this report of pEoeece=ag be filed in
Petitioner’s naval record.

d. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 11 March 2014.

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
SIN
Docket No: 5127-14

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.

T. REED
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 J. O'NEILL
Executive director

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