DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4377-19 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 1. Pursuant to the provisions of the reference, Petitioner, filed the enclosure with this Board requesting that his grade of E-5 be restored and his rating of MM2 be restored. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 26 May 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 records, 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 review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active service on 5 December 1986. d. On 27 May 1994, he was found guilty of misdemeanor use of a deadly weapon in a County court. On 15 July 1994, he received nonjudicial punishment (NJP) for destruction of private property and assault. On 22 July 1994, his Commanding Officer (CO) notified him that he was being administrative separated from the Navy for the convenience of the government for misconduct – serious offense. Petitioner elected to consult with counsel and to waive his right to present his case to an administrative board. He did not object to the administrative separation. On 10 August 1994, his CO recommended that he be administratively separated with a general (under honorable conditions) characterization of service. e. On 2 September 1994, the separation authority directed that Petitioner receive an under other than honorable (OTH) characterization of service. On 14 October 1994, he was so discharged. At the time of his discharge, he was administratively reduced to MMFN (E-3). f. On 5 September 1996, the Naval Discharge Review Board (NDRB) upgraded Petitioner’s characterization of service to general (under honorable conditions). Petitioner’s official military personnel file does not contain an updated Certificate of Release or Discharge from Active Duty (DD Form 214). CONCLUSION Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. The Board's decision is based on NDRB’s determination to upgrade Petitioner’s characterization of service. The Board found Petitioner’s general (under honorable conditions) discharge no longer warranted the administrative reduction to MMFN (E-3). In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION Petitioner be issued a new DD Form 214 indicating a general (under honorable conditions) character of service, BUPERSINST 3630900 separation authority, JFF separation code, RE-1 reentry code, Secretarial Authority narrative reason for separation. Petitioner’s grade, rate or rank be corrected to MM2, paygrade E-5, and effective date of paygrade 94 JUL 15. That no further relief be granted. 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 16 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.