DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6539-19 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, a former enlisted Sailor, filed the enclosure with this Board, requesting a separate DD Form 214 with an honorable characterization of service for the period from 20 July 1993, the date he entered active duty, until 1 June 1995, the end date of his first enlistment and with his reentry (RE) code changed to RE­R1. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 10 February 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 enclosure, relevant portions of the Petitioner’s 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. Petitioner enlisted in the Navy and began a period of active duty on 20 July 1993. He served without incident until 1 June 1995, and reenlisted on 2 June 1995. On 27 November 1997, Petitioner went to the , airport wearing a fake Delta Airlines flight attendant uniform with a wings pin and a name badge reading “ .” He attempted to board a flight to , , as a deadhead crewmember. When asked for identification, he produced a USN issued ticket and boarded as a passenger. Once onboard, he attempted to upgrade to business or first class. At U.S. Customs, agents confiscated the fake documents, Delta training materials, and sketches of aircraft. Petitioner was questioned by Federal Bureau of Investigation agents and turned over to the Naval Investigative Service. On 2 February 1998, he was convicted by summary court-martial (SUM) for violating Article 80 (Attempt to fraudulently obtain services) and Article 92 (failure to obey a lawful order by using a government computer to create fake documents) of the Uniform Code of Military Justice (UCMJ). He was sentenced to forfeiture of pay for one month and confinement for 25 days. On 9 February 1998, Petitioner was counseled and advised that further deficiencies in performance or conduct could result in administrative separation and/or judicial proceedings. On 14 July 1998, Petitioner received nonjudicial punishment (NJP) for using a government computer to access pornographic websites and was awarded forfeiture of pay, restriction, extra duties, and reduction in rank. c. On 3 September 1998, administrative discharge action was initiated by reason of misconduct due to a pattern of misconduct. After being afforded all of his procedural rights, he elected to have a hearing before an administrative discharge board (ADB). On 17 September 1998, the ADB voteed 3 to 0 for separation with an other than honorable (OTH) characterization of service. Additionally, the ADB recommend against Petitioner’s transfer to the Inactive Ready reserve. On 10 November 1998, Petitioner was discharged with an OTH characterization of service and a RE code RE-4. d. Subsequently, Petitioner requested the Naval Discharge Review Board (NDRB) upgrade his characterization of service to honorable or general (under honorable conditions) claiming he used the computer to obtain information from what he perceived to be a reputable website for a medical journal article he was writing, but it turned out to be a pornographic site. Investigation records of the incident indicate Petitioner was logged into the website for approximately 90 minutes. On 20 March 2003, the NDRB issued their decision that Petitioner’s discharge was proper as issued and no change was warranted. e. Petitioner asserts he served honorably from 20 July 1993 until 1 June 1995 and that he reenlisted on 2 June 1995. He stated that when he applied for Department of Veterans Affairs benefits he discovered he was missing a DD Form 214 that he deserves. The Board noted that at the time the Petitioner was discharged, service members received one DD Form 214 for all periods of unbroken service and the absence of a statement regarding Petitioner’s initial enlistment was an administrative error. Additionally, the Board carefully weighed all potentially mitigating factors, such as his record of service and contentions and concluded these factors were not sufficient to warrant a change to his characterization of service or RE code given his misconduct. Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief. RECOMMENDATION In view of the above, the Board directs the following corrective action: Petitioner’s naval record be corrected by inserting the following statement on his DD Form 214, Block 18, Remarks: “CONTINUOUS HONORABLE SERVICE 20 JULY 1993 – 01 JUNE 1995.” Petitioner be issued a new DD Form 214. That no further action be granted. A copy of this report of proceedings be filed in Petitioner’s naval record. That upon request, the Department of Veterans Affairs is informed that Petitioner’s application was received by the Board on 2 July 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. 3/20/2020