DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7154-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 with attachments 1. Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting that his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to upgrade his character of service to a honorable characterization of service. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 18 September 2019 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, relevant portions of Petitioner’s naval records, as well as 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 the enclosure 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 and began a period of active duty on 27 September 1989. On 6 April 1993, Petitioner was convicted by civilian authorities in Superior Court, , of aiming or discharging a firearm. On 1 June 1993, Petitioner received non-judicial punishment (NJP) for two specifications of unauthorized absence totaling eight days. On 26 July 1993, Petitioner was notified of pending administrative separation action by reason of misconduct due to civilian conviction, at which time Petitioner elected his procedural rights to consult with legal counsel and to present his case to an administrative discharge board (ADB). An ADB was convened, found that Petitioner committed misconduct as set forth in the allegations, and recommended that he be administratively discharged from the naval service with an other than honorable (OTH) characterization of service. The commanding officer concurred with the ADB’s recommendation. The discharge authority approved the recommendation and directed an OTH character of service discharge. On 23 September 1993, Petitioner was discharged. d. Petitioner contends during his tour in the Navy his performance was outstanding; He made a mistake and was punished for life with an OTH discharge; He believes the type of discharge he received was not warranted; Since his discharge he has continued to serve his community. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants partial relief. In this regard, the Board noted Petitioner’s misconduct and does not condone his actions, which subsequently resulted in his OTH character of service. However, the Board determined Petitioner’s record of service and atonement warranted clemency and concluded that the Petitioner’s discharge be upgraded to a general (under honorable conditions) character of service. RECOMMENDATION: In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: Petitioner be issued a new DD Form 214 indicating that on 23 September 1993, Petitioner was discharged with a general (under honorable conditions) character of service. 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 14 August 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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 10/21/2019