DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SMW
Docket No: 6883-07
21 March 2008

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

End:	(1) Case Summary
		(2) Subject’s naval record

1.	Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, applied to this Board requesting an honorable discharge vice the other than honorable (0TH) discharge that was issued on 15 June 1983.

2.	The Board, consisting of Mr ,  Ms, and Mr, reviewed Petitioner’s allegations of error and injustice on 19 March 2008, 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 Petitioner’s application 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.	On 10 September 1981, Petitioner enlisted in the Navy at age 18. On 30 April 1982, he had nonjudicial punishment (NJP) for two periods of unauthorized absence (hA) totaling 11 days. On 13 Nay 1982, he had a psychiatric evaluation during which he stated that he had substantial problems in the Navy, was depressed and had one suicide attempt while in high school. The evaluation diagnosed him as having an immature personality and inappropriate reaction. On 13 May 1982, a psychiatric evaluation diagnosed him as having an immature personality, and emotional and intellectual
problems. The psychiatrist encouraged him to do a good job, make friends, take himself less seriously and seek counseling while on board ship.

d.	During the period 21 May 1982 to 6 May 1983, Petitioner had four NJP’s for three instances of UA totaling about 13 days and two instances of absence from his appointed place of duty. Based on the information currently contained in the record, it appears that his commanding officer subsequently initiated administrative separation by reason of misconduct due to a pattern of misconduct. it also appears that Petitioner acknowledged that separation could result in an 0TH discharge and waived the right to have his case heard by an administrative discharge board (ADB). On 20 May 1983, his commanding officer recommended an 0TH discharge and indicated there were no applicable psychiatric or medical evaluations to be included. On 8 June 1983, the separation authority approved the separation recommendation and directed an 0TH discharge by reason of misconduct due to a pattern of misconduct. On 9 June 1983, he had NJP for disobedience of a lawful order. On
15 June 1983, he was separated with an 0TH discharge by reason of misconduct due to a pattern of misconduct.

e.	Petitioner states that he was misdiagnosed when he was in the Navy. With his application, he provided a letter from “The Beacon of Hope House”, a level II congregate care residence for people with psychiatric diagnoses, which states that he was hospitalized in 1984 for psychiatric reasons, was a resident at their facility for one year in 1999, and returned in 2005, because he was diagnosed with a schizoaffectjve disorder and alcohol abuse in remission.

f.	Regulations in effect at that time authorized an 0TH discharge for members who were separated by reason of misconduct due to a pattern of misconduct. Regulations also authorized a general discharge for such cases.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief. Specifically, the Board finds that Petitioner’s administrative separation by reason of misconduct due to a pattern of misconduct met the requirements established by regulations. However, the Board believes that Petitioner did not warrant an 0TH characterization of service, given his psychiatric diagnoses while in the Navy, post service psychiatric diagnoses, and psychiatric hospitalization within a year after he was discharged. Therefore, as a matter of clemency, the Board concludes that Petitioner’s discharge should be changed to a general characterization of service.

RECOMMENDATION:

a.	That Petitioner’s naval record be corrected to show that he was separated with a general discharge on 15 June 1983, vice the 0TH discharge actually assigned 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 received by the Board on 2 July 2007.

4. 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 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.

					
W. DEAN PFEIFFER
Executive Director