DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0703-19 Date: Ref Signature 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 reference, Petitioner, a former enlisted member of the Navy, filed the enclosure with the Board for Correction of Naval Records (Board) requesting an upgrade to his service characterization as reflected on his Report of Separation from Active duty (DD Form 214) for the period of active duty ending on 2 September 1976. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 26 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 enclosures, relevant portions of his naval service 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. Although the enclosure was not filed in a timely manner, it is in the interest of justice to review the application on its merits. c. Prior to his enlistment, on 30 July 1974, Petitioner notes on NAVPERS 1130/2 the name listed on his birth certificate is reflected as , and he has used the alias “ . Additionally, the Petitioner corroborates that a civil charge of robbery was dismissed on 3 August 1974. Petitioner enlisted in the Navy and began a period of active service on 2 December 1974. On 3 June 1975, Petitioner received non-judicial punishment (NJP) for unauthorized absence (UA), and violation of lawful regulation. On 10 October 1975, Petitioner received NJP for UA, and failure to go at the prescribed time to his appointed place of duty. On 9 January 1976, Petitioner went on UA for 7 hours. On 4 February 1976, Petitioner received NJP for willfully disobeying a lawful order of a superior commissioned officer. On 5 May 1976, Petitioner was counseled regarding his misconduct. On 6 May 1976, Petitioner received NJP for violation of a lawful general regulation by wrongfully possessing marijuana. On 3 August 1976, Petitioner received NJP for two specifications of failure to go at the prescribed time to his appointed place of duty. On 2 September 1976, Petitioner was released from active service due to voided enlistment. Petitioner was notified of his voided enlistment and, upon the advice of counsel, refused to sign acknowledgment. d. Petitioner’s DD Form 214, block 9c reflects the separation authority and reason as BUPERSMAN 3850220 and CHNAVPERS MSG P R 010034Z SEP 76. e. Petitioner, requests an upgrade to his discharge characterization stating his enlistment was erroneously voided. CONCLUSION Upon review and consideration of all the evidence of record, the Board determined that the Petitioner’s record warrants favorable action. The Board determined the Petitioner’s authority and reason for separation were erroneously issued. Further, the Board determined that Petitioner was not afforded his procedural rights at the time of his discharge. As a result of the foregoing, the Board determined Petitioner’s discharge was in error. The Board determined that Petitioner is entitled to relief as a matter of justice. The Board noted the Petitioner’s misconduct and overall trait average. The Board concluded that Petitioner be issued a general (under honorable conditions) characterization of service, and narrative reason for discharge of “secretarial authority,” for the period of active duty ending on 2 September 1976. In view of the above, the Board directs the following corrective action. RECOMMENDATION: That Petitioner be issued a new DD Form 214 Certificate of Release or Discharge from Active Duty to show that he received a general (under honorable conditions) characterization of service, and “secretarial authority” narrative reason for separation code for the period of active duty ending 2 September 1976. 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 19 December 2018. 4. It is certified that 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 Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), 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.