DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No:  1588-18                                                       
Ref: Signature date 

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 with attachments 
      (2) Case Summary  

1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the Navy, filed enclosure (1) with this Board requesting his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to upgrade his reentry code to RE-3G (condition (not a physical disability) interfering with the performance of duty).  

2.  The Board, consisting of                                                                       , reviewed Petitioner's allegations of error and injustice on 28 February 2019 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 the enclosures, relevant portions of his naval records, and applicable statutes, regulations, 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 review the application on its merits. 

     c.  The petitioner enlisted in the Navy and began a period of active duty on 29 August 2000.  On 27 February 2001, he received nonjudicial punishment (NJP) for two unauthorized absences (UA).  On 10 April 2002, he received a second NJP for two specifications of UA.  After his third NJP on 1 August 2003 for five UAs varying from five minutes to 20 minutes in length,  the petitioner was notified of pending administrative action by reason of misconduct due to a pattern of misconduct.  After the petitioner waived his procedural rights, the commanding officer recommended a general, under honorable conditions (GEN), characterization of service. The separation authority approved this recommendation and directed a GEN discharge by reason of misconduct due to pattern of misconduct. Petitioner was discharged with a GEN characterization of service on 12 September 2003 and assigned a RE-4 (not recommended for reenlistment) reentry code.  (Examiner’s note:  At the time of his discharge, the DD Form 214 reflected the separation program designator (SPD) of “JKN” which signifies “minor infractions” but, in an entry from Navy Personnel Command on 20 October 2003, the DD Form 214 should have read “JKA” for “pattern of misconduct”.) 
 
    d.  Petitioner provided medical records documenting his 2012 diagnosis of severe sleep apnea. He contends he was suffering from undiagnosed sleep apnea during his time in service which mitigates his numerous unauthorized absences. 
   
CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concludes Petitioner's request warrants favorable action in the form of relief.
  
The Board determines that, although it was not error or unjust to discharge Petitioner by reason of misconduct due to a pattern of misconduct, in light of his subsequent severe sleep apnea diagnosis, it would be in the interest of justice to upgrade his reentry code to allow for reenlistment and to grant additional relief by changing his narrative reason to “secretarial authority”, his SPD to “JFF”, and the separation authority to “MILPERSMAN 1910-146”.  
 
RECOMMENDATION: 

In view of the foregoing, the Board finds the existence of error and injustice warranting the following corrective action. 
Petitioner be issued a new DD Form 214 indicating the narrative reason for separation as “secretarial authority,” separation code as “JFF,” separation authority as “MILPERSMAN 1910­146,” and reentry code as “RE-1.” 

That no further changes be made to Petitioner’s record. 

A copy of this report of proceedings be filed in Petitioner’s naval record. 

Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 26 February 2018. 

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. 

7/29/2019