Docket No. 9850-19  
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 with attachments 


1.  Pursuant to the reference, Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting that his discharge be upgraded from a general discharge to an honorable discharge. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 30 April 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 Petitioner’s naval 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 the enclosure was not filed in a timely manner, it is in the interest of justice to waive the statute limitation and review the application on its merits. 

c.  Petitioner enlisted in the Navy and began a period of active service on 26 September 1960.  From 15 November 1961 to 14 January 1964, he received six non-judicial punishments for offenses including dereliction of duty, unauthorized absence, disrespect to a petty officer, failure to follow a lawful order, and failure to be at his appointed place of duty.  His active obligated service expired on 24 September 1964 and he was immediately transferred to the Naval Reserve.  His DD Form 214 representing his release from his active duty service shows a characterization of service of under other than honorable conditions (OTH).  Petitioner’s record contains no records supporting the basis for his OTH character of service, such as evidence that he was offered an administrative board.  Petitioner was released from the Naval Reserve on 27 September 1966, after having completed his two-year obligation, and he received a general (under honorable conditions) characterization for his reserve service. 

d.  Petitioner contends that his service in the Naval Reserve warranted an upgrade from general to an honorable characterization of service. 

e.  It appears from his contentions that Petitioner is under the belief that he received an honorable characterization of service for his active duty service, but he actually received an OTH characterization of service. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief. In regard to Petitioner’s request for an upgrade of his characterization of service for his service in the Naval Reserve, from general to honorable, the Board considered Petitioner’s contention, however, concluded these factors were insufficient to warrant relief.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties. 

The Board determined, however, that Petitioner’s record shall be corrected to change the characterization of service of his period of active service to general (under honorable conditions).  The record shows that the Petitioner received an OTH characterization of service for his active duty period.  Yet the record is devoid of any basis or authority for his OTH characterization of service, especially in view of his completion of his obligated service and his immediate transfer to the Naval Reserve, where he served under honorable conditions for two more years. The Board did not find that Petitioner’s service warranted a fully honorable characterization due to his six NJPs. 

RECOMMENDATION: 
In view of the foregoing, the Board finds the existence of an error warranting the following corrective action: 

Petitioner’s naval record be corrected by issuing him a new DD Form 214 for the period of his active service ending on 24 September 1964, with a correction in Block 13a, reflecting Petitioner’s characterization of service as general (under honorable conditions). 

No further changes be made to Petitioner’s record. 

A copy of this report of proceedings be filed in Petitioner’s naval record. 

Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 11 October 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.