Docket NO. 4715-19

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy   
 
Subj:    
            
Ref:   (a) 10 U.S.C. §1552 
          
Encl:  (1)  DD Form 149 
       (2)  Subject's naval record (excerpts) 
             
1. Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting that his RE-4 reenlistment code be upgraded, so he can be eligible to enlist as a reserve medical officer. 
 
2.  The Board, consisting of       reviewed Petitioner's allegations of error and injustice on 30 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 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 service on 18 November 1991.   On 3 April 1992, he received nonjudicial punishment (NJP) for wrongful use of marijuana.  Subsequently, administrative discharge action was initiated by reason of misconduct due to drug abuse.  Petitioner waived both his right to consult with counsel and his right to an administrative discharge board.  On 24 April 1992, he received NJP for failure to obey a lawful order.  On 11 May 1992, his commanding officer recommended that he be discharged from the naval service with an other than honorable (OTH) characterization of service.  On 4 June 1992, the separation authority directed that Petitioner be separated with an OTH discharge by reason of misconduct due to the commission of a serious offense.  On 11 June 1992, he was discharged with an OTH.  After he was discharged from the naval service, he worked as a nurse for 10 years,  graduated from medical school; and is now a third year resident in internal medicine.  He submitted character reference letters from Army doctors at  in , where he is a civilian resident.    
  
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief.  Additionally, the Board reviewed his application under the guidance provided in reference (a.)  Specifically, the Board considered whether his application was the type that was intended to be covered by these policies.   
  
The Board's decision is based on Petitioner’s contention that when he committed misconduct, he was a very young and ignorant man, but he did not allow that to define his future.  He went on to work as a trauma and critical transport nurse for 10 years before enrolling in and graduating from medical school.  As a civilian resident at TAMC, he impressed his leadership so much that three senior doctors submitted letters of recommendation on his behalf to the US Army Medical Corps accession board.  The Board concluded his post-Navy service was so meritorious that he warrants clemency regarding his reentry code. 
  
RECOMMENDATION 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 
 
That Petitioner’s naval record be corrected, and that he be issued a new DD Form 214, showing that on 11 June 1992, the narrative reason for his separation was “Secretarial Authority,” the separation code was “JFF,” and his reentry code was RE-1. 
 
A copy of this Report of Proceedings be filed in Petitioner’s naval record. 
 
No further relief be granted. 
 
Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 1 May 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 Regulation, 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. 

9/16/2020


Executive Director