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

Docket No. 9416-18


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 w/ attachments 
 
1.  Pursuant to the reference, Petitioner, a 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 service be changed to honorable.   
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 21 November 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, 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 it appears that 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 and began a period of active duty on 30 June 1987.  On 2 May 1990, he received non-judicial punishment for unauthorized absence and wrongful use of marijuana.  Subsequently the Petitioner was notified of pending administrative action to separate him from the naval service by reason of misconduct (drug abuse) at which time he waived his procedural right to consult with legal counsel and to present his case to an administrative discharge board (ADB).  The discharge authority approved the commanding officer’s recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 25 June 1990, he 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 his disciplinary infraction and does not condone his misconduct.  However, the Board considered that there was one disciplinary infraction in nearly three years of service and that his proficiency and conduct scores would merit an honorable characterization and concluded that as a matter of clemency, the record should reflect that he was discharged with a general characterization of service vice receiving an OTH characterization of service.  Based on the foregoing, the Board concludes that no useful purpose is served by continuing to characterize his service as other than honorable and recharacterization to a general is appropriate. 
 
RECOMMENDATION 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: 
 
That Petitioner’s naval record be corrected to show that on 25 June 1990, he was discharged with an Under Honorable Conditions (General) characterization of service. 
 
That Petitioner shall be issued a new DD Form 214. 
 
That a copy of this Record of Proceedings be filed in Petitioner’s naval record. 
 
That upon request, the Department of Veterans Affairs shall be informed that Petitioner’s application was received in 6 November 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.