Docket No: 6620-19 
Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
      
Ref:    (a) 10 U.S.C. § 1552  
     
Encl:  (1) DD Form 149 with attachments 
       (2) Case summary 
   
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted sailor, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting the Board correct his Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect an upgraded characterization of service.   
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 11 September 2020, and, pursuant to its regulations, determined 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 service 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 review the application on its merits.   
 
 c.  Petitioner initially enlisted in the Navy on 3 November 1997 and served honorably until his reenlistment on 2 November 2001.  On 29 April 2002, he received nonjudicial punishment for a 23-day unauthorized absence and destruction of military property.  His record is incomplete in that it does not contain all the documents pertaining to his administrative discharge but, based on his DD Form 214, it appears that after waiving his procedural rights, the separation authority directed discharge with a general, under honorable conditions (GEN), characterization of service by reason of misconduct due to pattern of misconduct.  He was discharged on 9 August 2002.   
 
 d.  The DD Form 214 Petitioner was issued did not contain the required block 18 remarks regarding his continuous honorable active duty from 3 November 1997 to 1 November 2001.  On 22 February 2006, the Naval Discharge Review Board (NDRB) directed Petitioner’s DD Form 214 be corrected by adding the continuous honorable active duty language, changing the separation code to “JKA,” and correcting block 29 to read “020215-020310.”  Petitioner’s Correction to Certificate of Release or Discharge from Active Duty (DD Form 215) is not in his official military personnel file (OMPF).   
  
        e.  Petitioner contends he was punished for accidentally breaking a chair in his hotel room while in  for training, and rather than allow him to pay for the broken chair, the command delayed his report date to his new duty station in     Petitioner’s son was in with a baby sitter awaiting Petitioner’s return.  Petitioner further contends the baby sitter could not remain with the child, and Child Protective Services became involved and “took my son away.”  Petitioner contends the command ignored his request for emergency leave to return to his son before the baby sitter’s departure so he was “forced to go AWOL to  and fight to get my son back.”   
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants partial relief in the form of correction to his DD Form 214.    
 
The Board carefully reviewed Petitioner’s application, weighed all potentially mitigating factors, and considered his contention he was “forced to go AWOL” in order to get his son back.  The Board noted Petitioner’s contentions and, even applying liberal consideration, determined there was insufficient evidence of an error or injustice that warrants upgrading Petitioner’s characterization of service.   
 
The Board noted the corrections NDRB directed on 22 February 2006 were not reflected on a DD Form 215 in Petitioner’s OMPF.  Petitioner’s DD Form 214 does not contain a Block 18 statement regarding his continuous honorable active duty during his first enlistment, separation code of “JKA,” or time lost. 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a DD Form 215 which covers his entire period of active service which began on 3 November 1997 and ended when he was discharged on 9 August 2002.  The DD Form 215 should:  1) add language to Block 18: CONTINUOUS HONORABLE ACTIVE SERVICE FROM 3 NOVEMBER 1997 UNTIL 1 NOVEMBER 2001, 2) change SPD to “JKA”, and 3) correct time lost to read “020215-020310” vice “none.”     
     
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 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 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. 


11/20/2020
Executive Director