DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 394-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) SECNAVINST 1910.4B Encl: (1) DD Form 149 w/attachments 1. Pursuant to reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with the Board for Correction of Naval Records (Board) requesting a change to his characterization of service from “Under Other Than Honorable Conditions” to “General under Honorable Conditions.” 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 21 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, naval 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 enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and review the application on its merits. c. Petitioner enlisted in the Navy on 18 July 1990. On 23 June 1992, civil authorities convicted Petitioner of disorderly conduct. On 17 December 1992 and 15 January 1993, Petitioner received non-judicial punishments (NJP) for being incapacitated for duty, disrespect toward a senior petty officer, disobeying a lawful order, drunk and disorderly conduct, and unlawful entry. Subsequently, he was notified of pending administrative action to separate him from the naval service by reason of misconduct due to commission of a serious offense and alcohol abuse rehabilitation failure. Petitioner elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB). The ADB found that Petitioner committed misconduct due to commission of a serious offense and recommended he be discharged with a general (under honorable conditions) (GEN) characterization of service. Petitioner’s commanding officer (CO) disagreed with the ADB and recommended Petitioner be discharged with an other than honorable (OTH) characterization of service. The discharge authority concurred with the ADB and directed a GEN discharge by reason of misconduct. However, on 9 June 1993, Petitioner was discharged with an OTH characterization of service. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action. The Board initially notes Petitioner’s disciplinary infractions, and does not condone his misconduct. However, the Board concluded that an error occurred due to Petitioner’s Certificate of Release or Discharge from Active Duty(DD 214) shows Petitioner received an OTH characterization of service on 9 June 1993, vice the GEN characterization recommended by his ADB and directed by the discharge authority. In this regard, the Board concludes that the record should be corrected to show that Petitioner received a GEN characterization of service on 9 June 1993. In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: RECOMMENDATION: That Petitioner’s naval record is corrected to show that he was issued a general discharge on 9 June 1993, vice the OTH discharge actually issued on that day. That Petitioner is issued a new DD Form 214. 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 3 December 2018. 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.