Docket No: 0298-20 
Ref:   Signature Date                                                                                     

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW 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  
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting a change to his naval record, specifically, to change his Dishonorable Discharge (DD) characterization of service on his Certificate of Release or Discharge from Active Duty (DD Form 214) to a “[H]ardship” discharge.  Enclosures (1) through (3) apply.  
 
2.  The Board consisting of     , reviewed Petitioner's allegations of error and injustice on 22 October 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, 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 limitation and review the application on its merits. 
 
    c.  Petitioner enlisted in the Navy on 18 March 1970.  On 19 April 1972, a general court-martial (GCM) convicted him of unauthorized absence (UA) and desertion totaling 478 days, and failure to obey a lawful order.  He was sentenced to confinement for one year, forfeiture of pay, reduction to E-1, and a dishonorable discharge (DD).  After the DD was approved at all levels of review, and he was discharged on 7 July 1972.  
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action.  The Board initially notes Petitioner’s disciplinary infractions, and does not condone his misconduct.  However, the Board concluded that clemency should be granted due to the severity of the punishment imposed at his GCM and his post service conduct.  The Board noted that being in a UA status for 429 days, and failure to obey a lawful order does not justify a DD.  In this regard, the Board concludes that Petitioner does not warrant a Hardship discharge, but rather, the record should be corrected to show he received an other than honorable (OTH) discharge.  In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: 
 
RECOMMENDATION: 
 
That Petitioner’s naval record is corrected to show that he was issued an OTH discharge on 7 July 1972, vice the DD discharge actually issued on that day. 
 
That Petitioner is issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). 
 
That no further changes be made to the record. 
 
That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received in 27 December 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 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. 
 
Sincerely,