Ref:  (a) 10 U.S.C. § 1552 

Encl: (1) DD Form 149 with attachments 

1.  Pursuant to the reference, Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting that his characterization of service be upgraded and that his narrative reason for separation be changed.  

2.  The Board, consisting of reviewed Petitioner's allegations of error and injustice on 11 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 the enclosure 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 19 September 1990.  On 7 November 1991, Petitioner received non-judicial punishment (NJP) for an unauthorized absence for the period from 19 October 1991 to 28 October 1991 and two specifications of missing ship’s movement.  On 17 August 1992, Petitioner was diagnosed with personality disorder. Subsequently, Petitioner was notified of an administrative action to separate him from the naval service because of convenience of the government due to personality disorder and misconduct due to commission of a serious offense.  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 with an other than honorable (OTH) characterization of service.  The discharge authority approved the CO’s recommendation for administrative discharge and directed that Petitioner be discharged with an OTH characterization of service for misconduct due to commission of a serious offense.  On 2 October 1992, Petitioner was so discharged. 

d.  Petitioner contends that the narrative reason for separation on his Certificate of Release from Active Duty (DD Form 214) is not true. It is true that he committed a serious offense but he did his 45/45, and a year later, he asked to be discharged.  Additionally, he was told that his characterization of service was going to be an OTH but it would upgrade to a general (under honorable conditions) characterization of service in six months. 

CONCLUSION 

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

The Board initially notes Petitioner’s disciplinary infraction and does not condone his misconduct.  However, the Board considered the disciplinary infraction, Petitioner’s diagnosed medical condition, and concluded, that as a matter of clemency, the record should reflect that he was discharged with a general (under honorable conditions) characterization of service vice receiving an OTH characterization of service.  Based on the foregoing, the Board concludes that no useful purpose is served by continuing to characterize his service as OTH and recharacterization to a general (under honorable conditions) is appropriate. The Petitioner’s narrative reason for separation shall remain the same. 

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 2 October 1992, Petitioner’s characterization of service was “general (under honorable conditions).” 

That no further changes be made to the record. 

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 22 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. 

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