Docket No: 1394-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER , USN, XXX-XX Ref: (a) 10 U.S.C. §1552 Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's naval record (excerpts) 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his bad conduct discharge (BCD) be upgraded to honorable characterization of service 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 4 November 2020 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 enclosure (1) 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. Petitioner enlisted in the Navy and began a period of active duty on 30 March 1973. On 13 February 1975 and 18 June 1976, Petitioner received non-judicial punishment (NJP) for an unauthorized absence totaling five days and failure to obey a lawful order. The record reflects that Petitioner commenced four periods of unauthorized absence between 5 July 1976 and 9 February 1977. Unfortunately, Petitioner’s administrative separation documents are not in the service record. Based on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214), on 1 April 1977, Petitioner was discharged from the naval service with a bad conduct discharge (BCD). Despite Petitioner’s DD Form 214, the record also reflects prior to Petitioner’s administrative discharge, on 29 March 1977, it appears Petitioner’s request for discharge under other than honorable (OTH) conditions in lieu of action under the Uniform Code of Military Justice (UCMJ) had been approved. Petitioner’s commanding officer was directed to execute the discharge under OTH conditions. In this regard, presumably Petitioner would have submitted a voluntary written request for an other than honorable (OTH) discharge in lieu of trial by court-martial. Prior to submitting this voluntary discharge request, Petitioner would have conferred with a qualified military lawyer, he would have been advised of his rights and warned of the probable adverse consequences of accepting such a discharge. As part of this discharge request, Petitioner would have admitted guilt and acknowledged that his characterization of service upon discharge would be other than honorable (OTH). d. Petitioner contends that he and his wife were having marital problems. He returned from a period of underway with his ship and his wife emptied their house and left with their child. He requested a leave because his ship was getting underway again, but his request was denied. Because of panic and depression, he did not report to the ship, and instead he went to find his wife and child. After about 15 days, he was unable to find them and turned himself in. He began drinking and having problems; he decided he did not want to be in the service anymore and left again without authorization. Additionally, Petitioner states he was asked to write a letter and request a discharge for the good of the Navy. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief. The Board determined that the record is in error. Petitioner’s Certificate of Release from Active Duty (DD Form 214) inaccurately reflects Petitioner’s characterization of service. The Board noted on 29 March 1977, the commanding officer was directed to execute Petitioner’s administrative discharge from the naval service with an other than honorable characterization of service. The record does not reflect a conviction by either a special or general court-martial. In this regard, Petitioner’s characterization of service inaccurately reflects a “bad conduct discharge.” The Board concluded that Petitioner’s characterization of service should be changed to “other than honorable” vice “bad conduct discharge.” Additionally, Petitioner’s narrative reason for separation should be changed to “Separation in Lieu of Trial.” RECOMMENDATION: In view of the above, the Board directs the following corrective action. That Petitioner be issued a new DD Form 214 to indicate that on 1 April 1977, Petitioner’s characterization of service was “other than honorable” and narrative reason for separation was “Separation in Lieu of Trial.” No further changes be made to Petitioner’s record. That a copy of this Record 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 3 February 2020. 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.