DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1354-19 Ref: Signature Date 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 w/ attachments 1. Pursuant to the reference, Petitioner, a former enlisted sailor, filed the enclosure with the Board for Correction of Naval Records (Board) requesting an upgrade to his characterization of service and correction to the separation information and reentry code on his Certificate of Release or Discharge from Active Duty (DD Form 214). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 13 February 2020, and, pursuant to its regulations, determined 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 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 (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 5 July 1995. Petitioner’s command received notice on 3 January 1997 of checks written without sufficient funds from 10-13 December 1996. On 14 January 1997, Petitioner’s command received notice regarding checks written 19-21 December 1996. On 16 January 1997, his command received notice regarding checks written 27-28 December 1996. No check was written for more than $25.00. On 25 February 1997, he received non-judicial punishment for writing 13 checks without sufficient funds. Subsequently, Petitioner was notified of an administrative action to separate him from the naval service for misconduct due to commission of a serious offense. After he waived his rights, his commanding officer recommended discharge with an other than honorable (OTH) characterization of service for misconduct due to commission of a serious offense. Petitioner’s record is incomplete in that it does not contain the full separation authority letter but, based on his DD Form 214, the separation authority directed discharge with an OTH characterization of service for misconduct and assigned a RE-4 (not recommended for reenlistment) reentry code. On 17 March 1997, Petitioner was so discharged. d. Petitioner contends he was a “model member” with “unlimited potential” but was never “given a proper opportunity to mitigate his behavior.” He never intentionally wrote bad checks but explains he was young, naïve, and ignorant with regards to finances. He contends his girlfriend back home, whom he was having difficulty with, had written checks to withdraw funds unbeknownst to him. Petitioner reminds the Board that online banking and debit cards did not exist at the time so he did not realize he was writing checks with insufficient funds. He contends he tried to resolve the problem as soon as he was notified but “wasn’t allowed enough time to do it.” He explains that “a chain reaction effect happened;” as his paychecks were deposited, the funds were “immediately being absorbed by the checks I wrote” and “the insufficient bank fees and outside fees.” Petitioner further contends it is an injustice to continue to characterize his service as OTH and punish him harshly for his unintentional bad check writing. e. Petitioner further contends he has demonstrated his ability to overcome financial obstacles and move forward in a positive light. Post-service, he has stayed “on top of his finances”; he has had no checking account or check-related problems on the three accounts he has had with the same bank for several years. Petitioner has worked for a privately owned and family-operated company for four years and received numerous advocacy letters describing his professionalism, work ethic, reliability, and contribution. CONCLUSION: Upon review and consideration of all the evidence of record, theBoard concludes Petitioner’s request warrants partial relief. The Board noted the timing between when the checks were written and the notifications regarding insufficient funds, the amounts of each check, and Petitioner’s contention that he was not given a reasonable opportunity to break the chain reaction. Applying liberal consideration, the Board determined that Petitioner’s writing of checks with insufficient funds was not intentional, and that he was not given reasonable time to correct the problem or resolve the issues concerning his security clearance. The Board determined that a more appropriate characterization of his service was general, under honorable conditions, and that it would be in the interest of justice, in light of the potential for future negative implications, to change his narrative reason, separation code, and separation authority to reflect “secretarial authority.” The Board determined that achange to Petitioner’s RE-4 (not recommended for reenlistment) reentry code was not warranted. RECOMMENDATION: In view of the above, the Board directs the following corrective action: Petitioner be issued a new DD Form 214 indicating the characterization of service as “general, under honorable contentions”, narrative reason for separation as “secretarial authority,” separation code as “JFF,” and separation authority as “MILPERSMAN 1910-164.” 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 17 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.