Docket No 2688-21 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 (b) BUPERSINST 1900.8 dtd 28 Jun 1993 Encl: (1) DD Form 149 (2) Case summary (3) 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 Certificate of Release or Discharge from Active Duty (DD Form 214) for a period of service. Petitioner contends he had a period of honorable service prior to his reenlistment. Enclosures (1) through (3) apply. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 7 May 2021, 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, 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. The Petitioner enlisted in the Navy and began a period of active duty on 26 January 1981. On 7 July 1982, Petitioner received nonjudicial punishment (NJP) for damage to government property. On 6 December 1984, Petitioner was discharged with an honorable characterization of service by reason of immediate reenlistment. On 7 December 1984, Petitioner began a period of active duty. On 1 June 1987, Petitioner received a second NJP for wrongful possession of a controlled substance. On 22 April 1988, Petitioner received a third NJP for failure to report to appointed place of duty and failure to obey a lawful order. On 28 June 1991, and 5 August 1991, Petitioner was arrested by civil authorities for driving under the influence. On 12 August 1991, Petitioner was diagnosed with alcohol dependency by a medical officer and recommended for administrative separation. On 4 November 1991, Petitioner was charged by civil authorities with two counts of driving under the influence. On 19 November 1991, Petitioner received a fourth NJP for dereliction of duty. On 6 January 1992, Petitioner was notified of the initiation of administrative discharge proceedings by reason of misconduct due to civilian conviction. On 13 January 1992, Petitioner elected to consult with counsel, submit a statement, and requested an administrative discharge board (ADB). On 5 February 1992, the ADB determined that Petitioner committed misconduct due to commission of a serious offense. Subsequently, the ADB recommended administrative separation with a general (GEN) discharge characterization of service. On 21 February 1992, Petitioner’s commanding officer (CO) recommended a GEN discharge by reason of misconduct due to commission of a serious offense. On 9 March 1992, Petitioner tested positive for amphetamine. Consequently, the Petitioner’s GEN discharge was held in abeyance pending disciplinary action. On 25 March 1992, Petitioner waived his right to demand trial by court martial. On 30 March 1992, Petitioner received a letter of reprimand for testing positive to use of a controlled substance, dereliction of duty, and two civil convictions. On 22 April 1992, the Petitioner’s CO recommended an other than honorable discharge by reason of commission of a serious offense. On 25 March 1992, the discharge approval authority cancelled the GEN discharge based on new misconduct evidence. On 10 May 1992, the discharge approval authority ordered an OTH discharge by reason of misconduct due to commission of a serious offense. On 15 May 1992, Petitioner was discharged. d. Petitioner was not issued a Certificate of Release or Discharge from Active Service (DD Form 214) including his period of continuous honorable service from 7 Dec 1984 to 3 March 1991. e. Per Reference (b), Box 24 should indicate Petitioner’s honorable characterization of service. CONCLUSION: Upon review and consideration of all the evidence of record, the Board determined the Petitioner received an honorable characterization of service for his period of active service ending on 3 March 1991, therefore, Petitioner’s request for a Certificate of Release or Discharge from Active Service (DD Form 214) including his period of continuous honorable service from 7 Dec 1984 to 3 March 1991 is warranted. Notwithstanding, upon review of the record and especially in light of reference (b), the Board noted an administrative error, therefore, the Petitioner’s records warrants partial relief. The Petitioner was not issued a Certificate of Release or Discharge from Active Duty (DD Form 214) indicating the Petitioner’s continuous honorable service from 7 December 1984 to 3 March 1991. In view of the above, the Board directs the following corrective action. RECOMMENDATION: That Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) that indicates Petitioner’s continuous honorable service from 7 December 1984 to 3 March 1991. That a copy of this report of proceedings be filed in Petitioner’s naval 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. 5/25/2021 Executive Director