Docket No. 4112-19  
Ref: Signature Date  
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 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 characterization of service be changed from other than honorable (OTH) to honorable. 

2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 4 June 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 of limitations and review the application on its merits. 

c.  Petitioner enlisted in the Navy and began a period of active duty on 15 June 1979.  Petitioner subsequently completed this enlistment with an honorable characterization of service on 14 June 1983.  On 2 February 1984, Petitioner reenlisted in the Navy.  During the period from 19 October 1984 to 8 October 1985, Petitioner received three non-judicial punishments (NJP) for an unauthorized absence, use of provoking gestures, and disrespect toward a superior noncommissioned officer.  On 21 October 1985, Petitioner was diagnosed with severe borderline/mixed personality disorder.  Subsequently, Petitioner was notified of an administrative action to separate him from the naval service at the convenience of the government due to a personality disorder and misconduct due to the commission of a serious offense and a pattern of misconduct.  Petitioner 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 that Petitioner be administratively discharged from the naval service.  The CO also opined that the Petitioner’s misconduct is the result of the diagnosed medical condition and should be taken into account concerning the assigned characterization of service. The discharge authority approved the CO’s recommendation for administrative discharge and directed that Petitioner be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to a pattern of misconduct.  On 11 December 1985, Petitioner was discharged. 

d.  Petitioner contends that he lost everything because of one individual’s view, which caused a chain reaction that he could not avoid.  Additionally, he claims he has always done what it takes to be a good Sailor, and his goal was to do 20 years or more.  He asserts that to receive an OTH characterization of service“for two conditions made by God is very unjust.” 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief.  

The Board initially notes Petitioner’s disciplinary infractions and does not condone his misconduct.  However, the Board considered the disciplinary infractions, Petitioner’s diagnosed medical condition, and Petitioner’s overall performance trait average and concluded that, as a matter of clemency, the record should reflect that he was discharged with an honorable characterization of service vice receiving an OTH discharge.  Based on the foregoing, the Board concludes that no useful purpose is served by continuing to characterize his service as OTH and an upgrade in the characterization of service to an honorable discharge is appropriate.  

RECOMMENDATION: 
In view of the foregoing, the Board finds the existence of an error and injustice warranting the following corrective action: 

That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating that on 11 December 1985, Petitioner’s characterization of service was “honorable.”  Additionally, the DD Form 214 should show that Petitioner’s narrative reason for separation was “Secretarial Authority,” the separation authority was “MILPERSMAN 1910­164,” and the separation program designator was “JFF.” The reenlistment code will remain “RE-4.” 

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 12 April 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.