DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24901                                                                                                                          
Docket No: 2657-21 
Ref: Signature Date  
 
From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW NAVAL RECORD OF FORMER  , USN, XXX-XX-    
            
Ref:    (a) 10 U.S.C. 1552 
                 
Encl:   (1) DD Form 149 with attachments 
        (2) Case summary 
        (3) Subject's naval record (excerpts) 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change to his naval record, specifically, to change his “Other Than Honorable (OTH)” discharge to “Honorable” and correct his Date of Birth (DOB) on his Certificate of Release or Discharge from Active Duty (DD Form 214).  Enclosures (1) through (3) apply.   
 
2.  The Board reviewed Petitioner’s allegations of error and injustice on 12 May 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken.  Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, 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 waive the statute limitation and review the application on its merits. 
 
     c.  Petitioner enlisted in the Navy on 12 February 1985.  During the period from 29 April 1987 to 17 June 1988, Petitioner received non-judicial punishment (NJP) on three occasions.  The offenses included, absence from his appointed place of duty, disobeying a lawful regulation, disrespect toward a superior commissioned officer, dereliction in the performance of duty, and wrongful use of a controlled substance.  Subsequently, he was notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct.  He elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).   
The ADB found that he committed misconduct due to a pattern of misconduct and recommended his separation with a general under honorable conditions characterization of service.  The discharge authority concurred with the ADB and directed a general discharge by reason of misconduct.  On 21 October 1988, he was discharged.  However, on 24 August 2020, Petitioner requested a new DD Form 214 due to misplacing his original DD Form 214 while relocating to a different home.  Once he received the new DD Form 214, he noticed the DD Form 214 stated he received an OTH characterization of service and it reflected the wrong DOB.   
   
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner's request warrants partial favorable action.  The Board noted that Petitioner received a new DD Form 214, which reflected the incorrect characterization of service and showed the wrong DOB.  With that being said, the Board concludes that the Characterization of Service “Other than Honorable” was incorrect and should be changed to “General under Honorable Conditions.”  The Board denied Petitioner’s request to upgrade his discharge to “Honorable.”  The Board also noted that Petitioner’s DOB “” was incorrect and should be changed to “.”  In accordance with the foregoing, the Board concluded that the record should be corrected by the issuance of a new DD Form 214.  In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner's naval record shall be corrected by changing the characterization of service to “General under Honorable Conditions” and changing his DOB to “” on his  
DD Form 214. 
     
That Petitioner is issued a new DD Form 214.     
 
That no further changes be made to the record. 
 
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. 
 
Sincerely, 

5/18/2021
Executive Director