7 oD EBARTHIENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 9136-14
'18 September 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL .RECORD
Ref: {a} Title 10 U.S.C. 1552
Encl: (1).DD Form 149 dtd 9 Jan 14 w/attachs
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 the
characterization of his other than honorable (OTH) conditions e
discharge issued on 23 July 2010 to honorable. He further
requested that his separation authority of “Military Personnel
Manual (MILPERSMAN) 1910-142” (misconduct), separation code of
“GKL” (misconduct), reentry code of “RE-4” (not recommended for
retention), and narrative reason for separation “misconduct
(sexual perversion)” be changed. By implication, he requested
that his general court-martial (GCM) conviction of 26 March 2010
be removed. Finally, he requested that the Navy Criminal
Investigative Service (NCIS) records be corrected by removing
references to his GCM. The Board did not consider his final
request, as it does not have authority to correct NCIS records-
2. The Board, consisting of Messrs. Boyd and Tew and Ms.
Henkel, reviewed allegations of error and injustice on 17
September 2014, and pursuant to its regulations, determined that
relief should be granted. 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 entered active duty in the Navy on 2 April
2008. -On 26 March 2010, he was convicted by GCM of having
sexual intercourse with an incapacitated female Sailor (sexual
perversion. He was. sentenced to a forfeiture of $724.00 £or two
months, reduction in pay grade from E-3 to E-1, and 90 days OF
confinement at hard labor. He was then notified that his
command was initiating administrative separation processing due
to misconduct. He elected to have his case heard by an
administrative discharge board (ADB). The ADB found that based
upon his GCM conviction, he committed misconduct and recommended
an OTH characterization of service. On 23 July 2010, he
received the OTH characterization of service due to misconduct
(sexual perversion), and was assigned an RE-4 reentry code.
c. During appellate review, the Commander, Navy Region,
Mid-Atlantic, determined that the military judge at Petitioner’s
GCM committed prejudicial error by excluding exculpatory
evidence that may have shown that the victim of the assault
consented. As a result of this prejudicial error, the findings
of guilty and the sentence were disapproved. The charge and
specification were withdrawn and dismissed without prejudice.
CONCLUSTON:
Upon review and consideration of all the evidence of record,
especially in light of Petitioner’s GCM conviction being
dismissed during appellate review, the Board finds the existence
of an error and injustice warranting upgrading Petitioner’s OTH
discharge to an honorable characterization of service. The
Board particularly notes that his ADB’s finding and
recommendation were based upon it. The Board concludes that
since he had no other disciplinary action, he is qualified for a
fully honorable discharge. In view of the above, the Board
directs.the following corrective action.
' RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
on 23 July 2010, he was issued an honorable discharge, vice the
OTH conditions characterization of service assigned on the same
date.
b. That Petitioner's record be further corrected by
changing his separation authority from “MILPERMAN 1910-142" to
“MILPERSMAN”, separation code from “GKL” to “JFF” (secretarial
2
authority), reentry code from “RE-4" to “RE-1" {recommended for
retention), and narrative reason for separation from “misconduct
(sexual perversion)” to “secretarial authority”. The time lost
from 26 March to 6 June 2010 (confinement) will be removed.
This is to be accomplished by issuing a new Certificate of
Release or Discharge from Active Duty (DD Form 214).
c. That Petitioner’s record be further corrected by
removing all references to his GCM conviction of 26 March 2010.
This shall include setting aside the sentence of his reduction
from pay grade E-3 to E-1 and reimbursing him the forfeiture of
$724.00 for two months. His confinement from 26 March to 6 June
2010 will no longer be considered time lost; so he is entitled
to full pay and allowances.
d. 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.
e. 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.
£. That the Department of Veterans Affairs be informed that
Petitioner applied to this Board on 22 April 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
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. ,
BRIAN J. GEORGE
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 J. O’/NETUL
Executive Director |
NAVY | DRB | 2001_Navy | ND01-00307
ND01-00307 Applicant’s Request The application for discharge review, received 010117, requested that the characterization of service on the discharge be changed to honorable. 990203: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed a serious offense, and committed homosexual conduct by engaging in, attempting to engage in, or soliciting another to engage in a homosexual act as evidenced by nonjudicial...
NAVY | BCNR | CY2002 | 07317-01
ItGKBtt is assigned when Separation code discharged by reason of misconduct due an individual is to civil conviction.4 q- On 20 June 2001 Petitioner's counsel faxed a supplemental letter of deficiency to NAVPERSCOM responding, in part, as follows to the 4 May 2001 letter from COMPHIBGRU TWO: Pursuant to MILPERSMAN 1910-710 if the (ADB) finds that the preponderance of the evidence does not support one or more of the reasons for separation alleged and recommends retention then the Separation...
NAVY | DRB | 2011_Navy | ND1101722
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks a change to his RE Code.2. Representation: none By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing...
NAVY | DRB | 2010_Navy | ND1001366
Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and the administrative separation process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. ” Additional Reviews : After a document review has been...
NAVY | BCNR | CY2008 | 04013-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No: 04013-08 9 February 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: 7 NAVAL RECORD Cy psitggiigaianihe Ref: (a) 10 U.S.C. He requested an ADB which recommended that he be separated from military service with OTH discharge. The commanding officer endorsed the separation, but recommended a general discharge.
NAVY | BCNR | CY2002 | 08320-01
Petitioner initially enlisted in the Navy for four years He reenlisted for three years on 13 April 1994 on 3 August 1988. and then for six years on 13 February 1997. that he served in an excellent manner during his entire period of service. When an individual has been improperly discharged and no other basis for discharge is available, the record should be corrected to show that the individual was not discharged but remained in the military until either the expiration of the enlistment or...
NAVY | BCNR | CY1998 | NC9808231
8231-98 26 April 1999 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C.1552 Encl: (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record 1. The CO concurred with the ADB's recommendation, stating that discharge should be suspended for 18 months to allow Petitioner's transfer to the Fleet Reserve. At the time, he had completed more than 19 years and four months of active service.
NAVY | DRB | 2014_Navy | ND1400909
” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the NDRB has no authority to upgrade a...
NAVY | BCNR | CY2002 | 04176-02
Petitioner not be reinstated in the Marine Corps and states, in part, as follows: that despite the opinion of the The opinion also recommends that sta,ted above, Petitioner was recommended for (The governing regulations) authorizes separation for both sexual harassment and fraternization following (an ADB) process and approval of the Commanding General. Whether separation was by reason of sexual harassment, fraternization, or both, is irrelevant since either or all are permissible bases to...
NAVY | BCNR | CY2002 | 03872-01
On 5 October 1999, AO2(AW/SW) (Petitioner) (then a frocked Chief Petty Officer) called the house of a shipmate, EM3 (B). a verbal argument over the phone, which ended when ENFN (A) gave (Petitioner) the address to EM3 (B's) house. commanding officer at the NJP and that of the ADB.