Docket No: 4359-20 
                                                                                                                         
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 this Board requesting a change to his naval record, specifically, to change his other than honorable characterization of service on his Certificate of Release or Discharge from Active Duty (DD Form 214).  Enclosures (1) through (3) apply.  
 
 2.  The Board consisting of  reviewed Petitioner's allegations of error and injustice on 28 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 24 April 1989.  On 23 November 1992, he received non-judicial punishment (NJP) for wrongful use of hashish.  On 30 November 1992, a medical officer evaluation indicated that Practitioner was not drug dependent and recommended Petitioner for further service.  Subsequently, he was notified of pending administrative separation action by reason of misconduct due to drug abuse.  After electing to waive his rights, Petitioner’s commanding officer (CO) recommended a general under honorable conditions discharge by reason of misconduct due to drug abuse.  However, the discharge authority did not concur with the CO’s recommendation and directed an other than honorable (OTH) discharge by reason of misconduct.  On 5 April 1993, Petitioner was discharged.   
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 infraction, and does not condone his misconduct.  However, the Board concluded that clemency should be granted due to the CO’s recommendation of a general under honorable conditions discharge, and the Petitioner’s favorable naval record prior to receiving the single NJP that predicated his discharge, which included favorable character ratings for over three years, as well as wartime service during Operations Desert Shield/Desert Storm.  In this regard, the Board concludes that the record should be corrected to show he received a general under honorable conditions characterization of service.  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 a general discharge on  
5 April 1993, vice the OTH 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 12 January 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. 
 
                                                                              
Sincerely, 
 
                                                                               
12/16/2020
Executive Director