DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1237-19 Date: Ref Signature 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 reference, Petitioner, a former enlisted member of the Navy, filed the enclosure with the Board for Correction of Naval Records (Board) requesting to upgrade to his characterization of service for his period of active service ending on 2 March 1989. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 19 February 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 his naval service 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 review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty on 17 December 1987. Petitioner was counseled on 14 October 1988 regarding his misconduct (two-day unauthorized absence or UA). On 27 October 1988, Petitioner received NJP for the aforementioned UA. On 16 February 1989, Petitioner received a second NJP for UA, failing to go to his appointed place of duty, contempt toward a petty officer, and making a false official statement. On 17 February 1989, Petitioner was notified of the initiation of administrative processing to separate him from the naval service by reason of misconduct-minor disciplinary infractions, and misconduct-commission of a serious offense, at which point, he waived counsel and his procedural rights. On 24 February 1989, the discharge authority approved and directed Petitioner’s discharge with an other than honorable (OTH) characterization of service by reason of misconduct-commission of a serious offense. On 2 March 1989, Petitioner was so discharged. d. Petitioner was issued a Certificate of Release or Discharge Active Duty (DD Form 214) which incorrectly reflects the following e. Naval Personnel Command (NPC) notified Petitioner on 8 April 2009 of the correction of his available record to change his f. Petitioner contends as a result of the adjustment to his SSN by NPC his characterization of service erroneously reflects OTH. CONCLUSION: Upon review and consideration of all the evidence of record, the Board determined that the Petitioner’s record warrants partial favorable action. The Board determined the Petitioner was issued the appropriate characterization of service. The Board noted Petitioner’s DD Form 214 contains an administrative error which reflects an incorrect and requires correction to In view of the above, the Board directs the following corrective action. RECOMMENDATION: That Petitioner’s naval record, be corrected to reflect the correct The Board notes the Petitioner’s DDForm 214 appropriately lists Petitioner’s characterization of service, and therefore Petitioner’s request for upgrade to his characterization of service is not warranted. That Petitioner be issued a Correction to Report of Separation from Armed Forces of the United States (DD Form 215). That a copy of this Report of Proceedings befiled 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 16 January 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.