Docket No. 0144-20
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:     
           
Ref:  (a) 10 U.S.C. 1552   
 
Encl: (1) DD Form 149  
      (2) Case summary 
      (3) 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 an upgrade to his service characterization as reflected on his Report of Separation from Active duty (DD Form 214) for the period of active duty ending on 3 August 1977.  Enclosures (1) through (3) apply. 
 
2.  The Board, consisting of  , reviewed Petitioner's allegations of error and injustice on 2 September 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 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 service on 30 January 1976.  On 18 January 1977, Petitioner received non-judicial punishment (NJP) for two specifications of failure to go to his appointed place of duty, and three specifications of failure to obey a lawful.  On 18 February 1977, Petitioner was counseled regarding his misconduct and notified further deficiencies may result in the administrative separation.  From the period beginning on 25 February 1977 to 21 April 1977, Petitioner received NJP on five occasions for the following offenses: breaking restriction, unauthorized absence (UA), four specifications of disobeying a lawful order, failure to obey a lawful general regulation by possessing marijuana, and failure to obey a lawful order.  On 1 July 1977, following a substance abuse evaluation, Petitioner was determined not to be drug dependent.  On 3 August 1977, Petitioner was released from active service due to voided enlistment.   
 
    d.  Petitioner’s DD Form 214, block 9(a) reflects his type of separation as Void Enlistment, block 9(c) reflects his separation authority and reason as CNO MSG 012005Z FEB 77, block 9(e) reflects his characterization of service as None-Void Enlistment. 
 
    e.  Petitioner, requests an upgrade to his discharge characterization stating his enlistment was erroneously voided.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined that the Petitioner's record warrants favorable action. The Board determined the Petitioner’s characterization of service and reason for separation were erroneously issued.  Further, the Board determined the Petitioner was not afforded his procedural rights at the time of his discharge.  As a result of the foregoing, the Board determined Petitioner’s discharge was in error.  The Board determined that Petitioner is entitled to relief as a matter of justice.  In rendering its decision, the Board noted the Petitioner’s misconduct.  The Board concluded Petitioner be issued a general characterization of service, and adjustment to authority and reason for discharge to “secretarial authority,” for the period of active duty ending on 3 August 1977. 
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner be issued a new DD Form 214 Certificate of Release or Discharge from Active Duty to show that he was discharged from naval service and received a general characterization of service, and “secretarial authority” authority and reason for discharge for the period of active duty ending 3 August 1977. 
 
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 27 December 2019. 
 
4.  Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c) 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.