Docket No: 8836-19 
Ref: 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 25 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 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 enlisted in the Navy on 23 October 1990.  On 15 June 1991, he received nonjudicial punishment for an unauthorized absence from 17 May 1991 to 27 May 1991, and missing ship’s movement.  Petitioner was notified of pending administrative separation action by reason of misconduct due to commission of a serious offense the same day.  Petitioner did not elect his right to counsel or his right to an Administrative Board.  Petitioner’s commanding officer (CO) subsequently recommended administrative separation with an other than honorable (OTH) characterization of service by reason of misconduct due to commission of a serious offense.  The discharge authority concurred with the CO’s recommendation and directed Petitioner be discharged with an OTH characterization of service due to misconduct.  Petitioner was discharged on 11 July 1991. 
      
 d.  Petitioner contends he has no recollection of the circumstances of his discharge.  He further contends he was “suffering from a mental health condition and cannot articulate why” he received “such a negative discharge.”   
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief.   
 
The Board noted Petitioner’s record contained a single incident of misconduct and did not contain any record of counseling or command assistance.  The Board, applying liberal consideration, determined Petitioner’s misconduct was not a significant departure from the conduct expected of members of the Naval Service, and his discharge was unjustly characterized as OTH. 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a Change to Certificate of Release or Discharge from Active Duty (DD Form 215) indicating his characterization of service as “general, under honorable conditions.”  
     
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 10 September 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.