DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1429-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 with attachments (2) Subject’s naval record (excerpts) 1. Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to upgrade his characterization of service to general (under honorable conditions), change his separation code, and change his reenlistment code. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 4 March 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 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. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute limitation and review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty on 13 March 1984. On 27 November 1985, Petitioner received non-judicial punishment (NJP) for two specifications of unauthorized absence and missing ship’s movement. On 16 January 1986, Petitioner received his second NJP for two specifications of unauthorized absence and failure to report to his appointed place of duty. On 6 February 1986, Petitioner received his third NJP for two specifications of failure to go at the time prescribed to his appointed place of duty. On 16 April 1987, Petitioner received his fourth NJP for misbehavior of a sentinel and dereliction in duty. Subsequently, on 17 April 1987, Petitioner was notified that he was being considered for administrative separation which could result in a general (under honorable conditions) characterization of service by reason of a pattern of misconduct. He was advised of and waived his procedural rights, including his right to consult with and be represented by military counsel, and his right to present his case to an administrative discharge board (ADB). The commanding officer (CO) recommended a general (under honorable conditions) character of service discharge. The details of the discharge authority’s decision were not in the record. Based on Petitioner’s DD Form 214, he was discharged on 5 August 1987, with an other than honorable (OTH) characterization of service by reason of misconduct due to commission of a serious offense. d. Petitioner contends that the conditions surrounding his purported misconduct lacked credibility or evidence to warrant substantiation of commission of a serious offense. CONCLUSION: Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting partial relief. The Board initially notes Petitioner’s disciplinary infractions and does not condone his misconduct. The Board concluded that Petitioner’s other than honorable character of service is improper because on 17 April 1987, when separation processing began, Petitioner was notified that if his separation is approved, his characterization of service will be general (under honorable conditions). Based on the foregoing, the Board concludes that no useful purpose is served by continuing to characterize Petitioner’s service as other than honorable and an upgrade to a general discharge is appropriate. Additionally, the Board concluded that Petitioner’s separation code, narrative reason for separation, and separation authority shall be changed. In view of the foregoing, the Board finds the existence of an error and injustice warranting the following corrective action: RECOMMENDATION: That Petitioner’s naval record be corrected to show that on 5 August 1987, Petitioner’s characterization of service was “General (under honorable conditions),” the narrative reason for separation was “Secretarial Authority,” the SPD code assigned was “JFF,” and the separation authority was “MILPERSMAN 1910-164.” No further changes be made to Petitioner’s record. A copy of this report of proceedings be filed in Petitioner’s naval record. Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 18 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.