DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10255-19 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 with attachments (2) Case summary 1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted sailor, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting the Board correct his Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect an upgraded characterization of service. 2. The Board reviewed Petitioner's allegations of error and injustice on 30 April 2020, and, pursuant to its regulations, determined the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of naval service 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 enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits. c. Petitioner initially enlisted in the Navy on 26 July 1988 and served honorably until his reenlistment on 21 December 1991. On 26 January 1993, he was convicted by special court­martial (SPCM) for several periods of unauthorized absence (UA) and wrongful appropriation of two rental cars. Petitioner was awarded reduction in rank, forfeiture, and 75 days confinement. Immediately following completion of his confinement sentence, on 31 March 1993, he received nonjudicial punishment for a two-day UA. Subsequently, Petitioner was notified of processing for administrative separation by reason of misconduct due to commission of a serious offense. His commanding officer recommended Petitioner be discharged with an other than honorable (0TH) characterization of service because he had shown "total disregard for authority" after absenting himself without authority immediately after serving his confinement sentence which resulted from a SPCM which did not discharge Petitioner for the misconduct. On 18 June 1993, the discharge authority, Assistant Secretary of the Navy for Manpower and Reserve Affairs, approved the recommendation and directed that Petitioner be discharged with an 0TH characterization of service by reason of misconduct. On 25 June 1993, he was discharged. d. Petitioner contends his discharge is inequitable because he was struggling in his marriage, and his periods of UA were spent searching for his wife that had disappeared without telling him. Specifically, he contends his wife determined she was "not ready" for marriage and left without any notice which drove Petitioner to absent himself in order to search for her. Petitioner contends his post-service record is deserving of clemency. He contends he has continued applying his military training as a cook and serves as an executive chef after working in the culinary industry since discharge. He also shared that he is married and has four children that are active, productive citizens and contributors to their communities. In support of his contentions, Petitioner provided advocacy letters confirming his marital struggles during service, demonstrated "drive to educate himself, hone his skills learned in the Navy, and mature", and service as an executive chef for a branch of a nationwide senior living community. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes Petitioner's request warrants partial relief in the form of an administrative correction to his DD Form 214. The Board carefully reviewed Petitioner's application, weighed all potentially mitigating factors, and considered each of his contentions. The Board also considered each advocacy letter in support of his request for an upgrade to his characterization of service. The Board noted Petitioner's repeated UAs, including the one in March 1993 immediately following the SPCM for UA periods and wrongful appropriation of two rental cars, and, even applying liberal consideration, determined Petitioner's misconduct warranted an 0TH characterization of service. In reviewing Petitioner's Official Military Personnel File, the Board noted Petitioner's DD Form 214 does not cover his first enlistment nor does it contain a Block 18 statement regarding his continuous honorable active service during that enlistment. In view of the above, the Board directs the following corrective action: RECOMMENDATION: Petitioner be issued a DD Form 215 indicating the Block 18 remark: CONTINUOUS HONORABLE ACTIVE SERVICE FROM 26 JULY 1988 TO 20 DECEMBER 1991. 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 25 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. The foregoing action of the Board is submitted for your review and action.