DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10422-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 w/attachments 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to change her narrative reason for separation to disability and upgrade her characterization of service to Honorable. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 30 January 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 enclosures, relevant portions of 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 entered active duty with the Navy in September 1992. Non-judicial punishment was imposed on her for unauthorized absences, an orders violation, and wrongful appropriation on 21 April 1993. As a result of her misconduct, she was notified of administrative separation processing for commission of a serious offense on 22 April 1993. After waiving her rights, Petitioner was discharged on 28 June 1993 with an Other than Honorable characterization of service. c. On 2 March 2011, this Board granted Petitioner an upgrade to her characterization of service to General under Honorable conditions. The decision was based on a finding that Petitioner’s misconduct was relatively minor and did not merit an Other than Honorable characterization of service. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief. Specifically, the Board determined that Petitioner’s misconduct was minor in nature and did not meet the criteria for a General characterization of service. So, despite evidence that supports a finding that no error exists in her record and that she was administratively separated in accordance with applicable regulations, the Board determined sufficient injustice exists in her case to merit granting partial relief. Specifically, the Board concluded it would be appropriate to upgrade her characterization of service to Honorable and change her narrative reason for separation to Secretarial Authority to eliminate any stigma associated with her administrative separation. However, despite Petitioner’s assertion of pain and suffering, the Board found insufficient evidence to support a finding that Petitioner was unfit for continued naval service at the time of her discharge. They found the preponderance of the evidence did not show Petitioner was unable to perform the duties of her office, grade, rank or rating. Further, as discussed above, the Board found Petitioner was processed in accordance with regulations for misconduct based on her non­judicial punishment. Therefore, she would have been ineligible for disability processing even if there was evidence of unfitness in her record. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by issuing her a new DD Form 214 changing her characterization of service from General under Honorable conditions to Honorable. Further, her narrative reason for separation shall be changed from Misconduct to Secretarial Authority with associated changes to her separation code and reentry code consistent with the narrative reason change. 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 Regulation, 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.