DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9576-18 Ref: Signature date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) MILPERSMAN 1910-142 (c) MCM 1998 Encl: (1) DD Form 149 w/attachments 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Navy, filed the enclosure with this Board, requesting an upgrade to his characterization of service from other than honorable (0TH) to general (GEN), under honorable conditions. 2. The Board reviewed Petitioner's allegations of error and injustice on 12 August 2019 and, pursuant to its regulations, determined that no corrective action should be taken on the available evidence of record. The names and votes of the members of the panel will be furnished upon request. Documentary material considered by the Board consisted of Petitioner's application, together with all material submitted in support thereof, available portions of his naval record, as well as applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts ofrecord 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 regulation within the Department of the Navy. b. Although the enclosure was not filed in a timely manner, the Board found it in the interest of justice to review the application on its merits. c. Petitioner enlisted in the Navy on 22 July 1999. On 9 June 1999, he signed a Navy drug and alcohol screening questionnaire that indicated prior convictions of alcohol use not related to driving. On 12 November 1999, he received non-judicial punishment (NJP) for three unauthorized absences (UA) for missing muster, and four instances of disobeying a lawful order by consuming alcohol as a minor on two occasions, possessing alcohol as a minor on one of those occasions, and by using a telephone after it was secured. Thereafter, Petitioner was notified of the initiation of administrative separation proceedings by reason of misconduct due to commission of a serious offense, as well as his rights in connection with same. Petitioner waived his administrative discharge board. Petitioner's commanding officer recommended that he be discharged with an 0TH characterization of service by reason of misconduct due to commission of serious offense. The discharge authority approved this recommendation and directed that Petitioner be discharged with an 0TH characterization of service. Petitioner was discharged on 7 February 2000. d. In his application, Petitioner requests that his 0TH characterization of service be changed to under honorable circumstances. Petitioner contends that his punishment was harsh, his offenses were not "Serious Offenses" that warrant an 0TH discharge, his case was used to set an example for other Sailors, he was not involved in any other unlawful conduct or behavior, his performance met standards, and he received good grades during training. CONCLUSION: The Board determined that the materials that Petitioner submitted were insufficient to establish the existence of probable material error or injustice. The Board carefully weighed all potentially mitigating factors, including Petitioner's contentions. The Board considered the alcohol related misconduct and used a presumption of regularity to determine that events not in the record supported the 0TH. The Board thus determined that Petitioner's misconduct warranted his 0TH characterization of service. In view of the above, the Board recommends the following: RECOMMENDATION: That Petitioner's request for correction to his record be denied, and that no corrective action be taken. EXECUTIVE DIRECTOR CONCLUSION: In consideration of references (b) and (c), and taking into account the findings of the Board, the Executive Director found that upgrade is warranted in Petitioner's case. The Executive Director took particular note that the nature of the offenses in Petitioner's separation paperwork were solely those found in his single NJP, none of which qualified as a serious offense. The Executive Director also considered the underlying misconduct for which the 0TH was rendered. Specifically, the NJP involved being UA for three individual musters, using a phone after the phone was secured, and underage alcohol possession and consumption during liberty not related to vehicle use. Although these military offenses demonstrate incompatibility with the rigorous expectations of naval service, they do not warrant an 0TH characterization of service. In conclusion, in view of references (b) and (c), the Executive Director believes that relief should be granted in the fonn of upgrading Petitioner's 0TH characterization of service to general (under honorable conditions). In view of the above, the Executive Director recommends the following corrective action. EXECUTIVE DIRECTOR RECOMMENDATION: That Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty, to show he was discharged with a general (under honorable conditions) characterization of service, his separation code changed to JFF, the authority changed to MILPERSMAN 1910-164, and the reason changed to "Secretarial Authority." That no further corrective action be taken. 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 28 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. The foregoing action of the Board is submitted for your review and action.