Docket No: 1883-20 

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 

1. Pursuant to the reference, Petitioner, filed the enclosure with this Board requesting reconsideration.  He previously petitioned the Board for Correction of Naval Records (Board) and was advised that his application for discharge upgrade was denied.  His case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of the relevant portions of his naval record and application, the Board found that the evidence submitted was sufficient to establish the existence of probable material error or injustice.  He is alleging that he was awarded a General characterization of service, but his DD 214 reflected an Other than Honorable (OTH) characterization of service. 

2.  The Board, consisting of reviewed Petitioner's allegations of error and injustice on 14 April 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 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.  Petitioner enlisted in the Navy and began a period of active service on 7 August 1996.  He received two non-judicial punishments (NJP) and on 14 June 1998, he was convicted in a civilian court of resisting arrest without violence.  Subsequently, Petitioner’s commanding officer notified him that he was being administrative separated from the Navy for a pattern of misconduct, commission of serious offense and civilian conviction.  On 10 June 1999, the separation authority directed that Petitioner receive a general discharge. He was discharged on 12 May 1999. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. The Board's decision is based on Petitioner’s contention that his DD 214 reflects an incorrect discharge characterization. The message from Commander, Navy Personnel Command, was unambiguous that the Petitioner was to receive a General characterization of service.  The DD 214 reflected an OTH discharge and the copy in his records contains a handwritten note that it should be a General discharge.   

RECOMMENDATION 

In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: 

Petitioner shall be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty that reflects that on 12 May 1999 the Petitioner’s character of service was “General (Under Honorable Conditions).” 

A copy of this Report of Proceedings be filed in Petitioner’s naval record. 

No further relief be granted. 

Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 19 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 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.