DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10102-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. §1552 Encl: (1) DD Form 149 1. Pursuant to the provisions of the reference, Petitioner, a former enlisted Sailor, filed the enclosure with this Board, requesting an upgraded characterization of service. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 21 April 2020 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 the Petitioner’s 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. Petitioner enlisted in the Navy and began a period of active duty on 15 September 1976. On 17 September 1976, Petitioner was advised of his Article 31b Rights and gave a statement during a Preliminary Investigation at Recruit Training. Petitioner revealed four pre-service arrests and marijuana use that he did not disclose prior to entry on active duty. On 8 November 1976, his commanding officer requested Naval Personnel Command (NPC) to retain Petitioner. On 3 December 1976, NPC granted Petitioner retention. On 21 April 1977, Petitioner received non judicial punishment (NJP) for unauthorized absence (UA). On 6 May 1977, Petitioner received a second NJP for disobeying a commissioned officer and breach of peace. On 6 August 1977, Petitioner received a third NJP for failure to follow a lawful order and assault. On 22 October 1977, Petitioner received a fourth NJP for disobedience. On 1 November 1977, Petitioner was arrested by police for public drunkenness, resisting arrest, and assaulting a police officer. On 23 November 1977, Petitioner received a fifth NJP for UA, disrespect, possession of marijuana, and being incapacitated for the performance of duty. On 1 February 1978, Petitioner began a period of UA that continued until 8 February 1978. On 13 February 1978, Petitioner was arrested by police for shoplifting. On 23 June 1978, Petitioner received a sixth NJP for UA and failure to obey a lawful order. On 25 July 1987, Petitioner was released from active duty due to voided enlistment. c. Petitioner asserts his enlistment was voided because he committed a misdemeanor when he was 12 years old, but he did not disclose it because he believed it was no longer on his record. Petitioner claims it is unfair to say he never served because he served nearly two years and after such a long time of honorable service, he feels he deserves a general (under honorable conditions) or an honorable discharge. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief. The Board determined the Petitioner’s authority and reason for separation were erroneously issued. Further, the Board determined that Petitioner was not afforded his procedural rights at the time of his discharge. As a result of the foregoing, the Board determined Petitioner’s discharge was in error. The Board determined that Petitioner is entitled to relief as a matter of justice. The Board noted the Petitioner’s misconduct and overall trait average. The Board concluded that Petitioner be issued a general (under honorable conditions) characterization of service, and narrative reason for discharge of “secretarial authority.” RECOMMENDATION In view of the above, the Board directs the following corrective action: The Petitioner be issued a new DD Form 214 Certificate of Release or Discharge from Active Duty to show that he received a general (under honorable conditions) characterization of service and “secretarial authority” narrative reason for separation. That no further action be granted. A copy of this report of proceedings be filed in Petitioner’s naval record. That upon request, the Department of Veterans Affairs is informed that Petitioner’s application was received by the Board on 23 October 2019. 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.