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

Docket No: 1108-19                
Date:  Ref Signature  

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 
        (b) BUPERSINST 1900.8 of 28 Jun 93 

Encl:   (1) DD Form 149 

1.  Pursuant to reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting an upgrade to the characterization of discharge listed on his Certificate of Release or Discharge from Active Duty (DD Form 214).  Petitioner contends he had a period of honorable service prior to his reenlistment.  Petitioner contends that he received an other than honorable (OTH) characterization of service for weight control.   

2.  The Board, consisting of                                                      , reviewed Petitioner’s allegations of error and injustice on 4 March 2020, 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 enclosures, relevant portions of his 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 the enclosure was not filed in a timely manner, it is in the interest of justice to review the application on its merits.

    c.  The Petitioner enlisted in the Navy and began a period of active duty on 10 September 1990.  On 9 September 1994, Petitioner reenlisted for a period of four years.  On 5 November 1993, Petitioner was counseled regarding his assignment to remedial physical readiness testing program for failure to meet body fat standards.  On 14 November 1994, Petitioner was again counseled for failure to meet Navy physical readiness standards.  On 1 December 1994, Petitioner was notified of an administrative action to separate him from the naval service for weight control failure, at which point, he consulted with counsel and waived his procedural rights.  On 31 January 1995, Petitioner was re-notified of administrative separation proceedings by reason of weight control failure.  On 3 March 1995, Petitioner was discharge with an honorable characterization of service for weight control failure.

    d.  Petitioner was issued a Certificate of Release or Discharge from Active Service (DD Form 214) which did not include his earlier period of honorable service.

    e.  Per Reference (b), Box 18 should indicate Petitioner’s periods of honorable service.
 
CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board determined the Petitioner received an honorable characterization of service for his period of active service ending on 3 March 1995, therefore, Petitioner’s request for upgrade to the characterization of discharge is not warranted. 

Notwithstanding, upon review of the record and especially in light of reference (b), the Board noted an administrative error, therefore, the Petitioner’s records warrants partial relief.  The Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214) does not indicate the Petitioner’s period of honorable service from 10 September 1990 to 9 September 1994. 

RECOMMENDATION: 

In view of the above, the Board directs the following corrective action: 

That Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) that indicates Petitioner’s continuous honorable service from 10 September 1990 to 9 September 1994. 

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 9 January 2019. 

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 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. 


3/24/2020