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

Docket No. 8254-18

From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF  
      
 
Ref:    (a) 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 with attachments 
 
1.  Pursuant the reference, Petitioner, the brother of the above named deceased  former enlisted member of the Navy, filed the enclosure with the Board for Correction of Naval Records (Board) requesting that the other than honorable (OTH) characterization of his deceased brother’s discharge of 28 September 1990, be changed to general under honorable conditions.  
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 2 October 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, 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 it appears that the enclosure 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.  Seaman Apprentice Farrar enlisted in the Navy and began a period of active service on 20 April 1987.  During the period from 15 March 1988 to 27 July 1990, he received non-judicial punishment (NJP) on three occasions.  His offenses were failure to go to his appointed place of duty, falsifying official documents, and dereliction in the performance of his duties.  Subsequently, he was notified of pending administrative action to separate him from the naval service by reason of misconduct due to a pattern of misconduct at which time he was advised of, and waived, his procedural rights to consult with legal counsel and to present his case to an administrative discharge board (ADB).  On 13 September 1990, the discharge authority approved the commanding officer’s recommendation and directed separation under other than honorable 
conditions (OTH) by reason of misconduct.  On 28 September 1990, Seaman Apprentice  was so 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 Seaman Apprentice  disciplinary infraction and does not condone his misconduct.  However, the Board notes his post-service conduct to include his community service, support for veterans’ and children’s charities, and concludes that, as a matter of clemency, the record should reflect that he was discharged with a general characterization of service vice receiving an OTH discharge.  Based on the foregoing, the Board concludes that no useful purpose is served by continuing to characterize his service as having been undesirable and recharacterization to a general discharge is appropriate. 
 
RECOMMENDATION: 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: 
 
That Seaman Apprentice  naval record be corrected to show that on 28 September 1990, he was discharged with a general under honorable conditions characterization of service. 
 
That Petitioner shall be issued a new DD Form 214. 
 
That a copy of this Record of Proceedings be filed in Seaman Apprentice  naval record. 
 
That upon request, the Department of Veterans Affairs shall be informed that Petitioner’s application was received in 27 December 2017. 
 
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.