Docket No: 4466-20 
 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 a change to his naval record, specifically, to reflect his Characterization of Service be changed from “Under Other Than Honorable Conditions” to “Honorable”.  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 of limitations and review the application on its merits. 
  
       c.  Petitioner enlisted in the Navy on 18 March 1978.  During the period from 5 March 1979 to 18 April 1980, Petitioner received five non-judicial punishments (NJP) for larceny, destruction of government property, possession and use of marijuana, four specifications of unauthorized absence (UA) totaling 18 days.  He was also convicted by two summary courts-martial (SCM) of two specifications of absence from appointed place of duty, two specifications of UA totaling 11 days, and failure to obey a lawful order.  Subsequently, he was notified of pending administrative separation action by reason of misconduct due to frequent involvement.  After Petitioner waived his rights, his commanding officer (CO) recommended a general under honorable conditions discharge by reason of misconduct due to frequent involvement with military authorities.   
The discharge authority approved this recommendation and directed a general under honorable conditions discharge by reason of misconduct.  On 24 June 1980, he was discharged.   
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial favorable action.  The Board initially notes Petitioner’s disciplinary infractions, and does not condone his misconduct.  However, the Board concluded that an error occurred on Petitioner’s Certificate of Release or Discharge from Active Duty (DD 214), which shows Petitioner received an OTH discharge on 24 June 1980, vice the general discharge directed by the discharge authority.  In this regard, the Board concludes that the record should be corrected to show that Petitioner received a general under honorable conditions characterization of service on 24 June 1980.   
 
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  
24 June 1980, 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 the Board received Petitioner’s application on 21 May 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,   
 
                                                                               
12/17/2020
Executive Director