DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 8603-18 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:    REVIEW NAVAL RECORD OF  
       
 
Ref:    (a) 10 U.S.C. § 1552  
        (b) MILPERSMAN 3630500 
 
Encl:  (1) DD Form 149  
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted Sailor of the United States Navy, filed enclosure (1) with this Board, requesting that his characterization of service be upgraded to general.   
 
2.  The Board, consisting reviewed Petitioner's allegations of error and injustice on 14 August 2019, and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosure, relevant portions of Petitioner’s naval service 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 review the application on its merits.   
 
    c.  Petitioner enlisted in the Navy and began a period of active duty on 24 January 1985.  On 19 February 1987, he received non-judicial punishment (NJP) for acting as a principal.  On 2 December 1987, following a self a referral for drugs, he was placed on a level II counseling program, urinary surveillance program, and required to attend alcoholics anonymous meetings for four weeks.     
 
     d.  On 29 January 1988, Petitioner was notified of the initiation of administrative separation proceedings by reason of drug abuse rehabilitation failure after being terminated from the level II counseling program.  He did not consult with counsel and waived his procedural rights.  On 12 February 1988, Petitioner’s commanding officer recommended his discharge by reason of misconduct due to drug abuse rehabilitation failure and that his character of separation be determined by his service record.  On 11 March 1988, Petitioner received NJP for unauthorized absence (UA).  On 26 March 1988, the discharge authority directed Petitioner’s discharge for drug abuse rehabilitation failure and a characterization of service as warranted by his service record.  On 6 April 1988, Petitioner was discharged with an other than honorable characterization of service. 
      
CONCLUSION: 
 
The Board noted that although Petitioner’s record was missing many of his enlisted performance marks, his receipt of an other than honorable characterization of service was in error.  Per reference (b), separation of enlisted personnel by reason of drug abuse rehabilitation failure receive a characterization of service as warranted by their service record, either honorable or general.  Based upon his two NJPs and drug abuse rehabilitation failure, the Board determined that an upgrade to a general characterization of service was warranted.      
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect a general characterization of service.   
 
That no further changes be made to Petitioner’s record. 
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 16 July 2018. 
 
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. 
 
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.