Docket No: 5235-20
Ref:   Signature Date 
   
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER MEMBER , USNR,         XXX-XX 
 
Ref:   (a) 10 U.S.C. § 1552  
       (b) PDUSD memo, “Guidance to Military Discharge Review Boards and Boards for Correction of              Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” of 25 July 2018 
       (c) Military Personnel Manual (MPN) 1910-158 
 
Encl:  (1) DD Form 149 with attachments 
       (2) Case Summary 
       (3) Administrative Remarks entry dated 27 Jan 94 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to reflect an upgraded characterization of service and “secretarial authority” as the narrative reason for separation.   
 
2.  The Board, consisting of    , reviewed Petitioner's allegations of error and injustice on 20 November 2020, and, pursuant to its regulations, determined the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of your application together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo).   
 
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 Naval Reserve on 14 April 1992.  Medical department letters were mailed to him in June 1993 and July 1993 requiring completion of his annual short form physical evaluation.  Both were mailed via certified mail and returned unclaimed.   
  
 d.  Subsequently, Petitioner was notified of pending administrative separation action by reason of unsatisfactory participation.  After he did not return his “Statement of Awareness and Request For, Or Waiver Of, Privileges,” Petitioner’s commanding officer recommended administrative separation by reason of unsatisfactory participation with an other than honorable (OTH) character of service.  The discharge authority concurred and directed Petitioner be discharged with an OTH character of service due to unsatisfactory participation.   
 
 e.  Petitioner was discharged on 27 January 1994 and issued enclosure (3).  
 
 f.  Petitioner contends his command made an error in discretion by giving him an OTH character of service for simply failing to return medical paperwork because an OTH is entirely too harsh compared to the actions that led to his discharge.  Petitioner was a college student at the time the command was attempting to reach him and was having difficulties with juggling his multi-faceted responsibilities.   
 
 g.  Petitioner further contends he has been improperly stigmatized and harmed by his OTH character of service since his discharge.  He contends the OTH has deprived him of his honor and good name and will continue to burden him and his family until it is corrected.  Despite the stigma, Petitioner contends he has made tremendous strides:  graduated from college; became a certified master electrician, residential home builder, and licensed contractor; and formed a sign company which was awarded Small Business of the Year and the Better Business Bureau Torch Award.  Additionally, he is active in his community where he has served on the Economic Development and Zoning Committee,  Advisory Board,  Board, and Board.  In his personal life, he is happily married, a member of First Baptist Church, and a self-described pet rescue advocate.  In support of his request, Petitioner provided an advocacy letter from his pastor and endorsement letters from the President of Central Trades and Labor Council and School Board, each of whom endorsed his election to the office of State Representative of District 1.   
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants partial relief.   
 
The Board noted Petitioner’s unsatisfactory participation consisted of failing to respond to two medical department letters and the record did not indicate he missed any training or other responsibilities.  Although separation was authorized in this situation and the applicable version of reference (c) authorized OTH characterizations, the Board determined characterizing Petitioner’s service as OTH was harsh.  Additionally, the Board noted the current version of reference (c) does not list OTH as a characterization for unsatisfactory participation separations.    
 
The Board, applying liberal consideration and relying on reference (b), determined Petitioner’s request for an upgraded characterization of service warranted clemency in the form of an upgraded character of service.  Due to his acknowledged fault, the Board concluded a general, under honorable conditions, character of service appropriately described Petitioner’s service. 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
The record of discharge from the USNR, effective 27 January 1994, is rescinded.  Note:  Enclosure (3), the Administrative Remarks entry of 27 January 1994, will be expunged.   
 
Petitioner be issued a new Administrative Remarks (Page 13) entry indicating the characterization of service as “general, under honorable conditions,” narrative reason for separation as “secretarial authority,” separation code as “JFF,” separation authority as “MILPERSMAN 1910-164,” and reentry code as “RE-1J.”   
     
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 23 July 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.