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

Docket No. 9426-18                                                            
Ref: Signature Date 
 
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 her Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to upgrade her characterization of service to honorable. 

2.  The Board, consisting of           , reviewed Petitioner’s allegations of error and injustice on 11 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 enclosure, 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 6 October 1986.  On 6 December 1988, Petitioner was convicted by summary court-martial (SCM) of an unauthorized absence totaling 17 days, and six specifications of disobeying a lawful order.  Subsequently, Petitioner was notified of pending administrative action to separate her from the naval service by reason of misconduct due to commission of a serious offense, at which time Petitioner was advised of, and waived, her procedural rights to consult with legal counsel and to present her case to an administrative discharge board (ADB).  The commanding officer (CO) recommended that she be discharged with an other than honorable (OTH) characterization of service.  The discharge authority approved the CO’s recommendation and directed separation with an OTH characterization of service.  The Petitioner was so discharged on 17 February 1989. 

       d.  Petitioner contends that she is sorry and regrets having disobeyed her Navy leaders.  She was young and due to religious reasons disobeyed orders. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants partial relief.  The Board determined Petitioner’s atonement warranted clemency and concluded that the Petitioner’s discharge be upgraded to a general (under honorable conditions) characterization of service. 

RECOMMENDATION: 

In view of the above, the Board directs the following corrective action: 

That Petitioner be issued a new DD Form 214 indicating that on 17 February 1989, Petitioner was discharged with a general (under honorable conditions) characterization of service. 

That no further changes be made to Petitioner’s record.
 
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 22 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. 

Sincerely, 

10/17/2019