DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 

Docket No: 10925-18  
Date:  Ref Signature  
From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  

Ref: (a) 10 U.S.C. § 1552 
     (b) MARCORSEPMAN 1900.16 

Encl: (1) DD Form 149 
      (2) Naval record (excerpts) 

1.  Pursuant to reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting upgrade to the characterization of discharge listed on his Certificate of Release or Discharge from Active Duty (DD Form 214).  Petitioner contends that his mother’s death during his deployment contributed to his drug use. 

2.  The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 11 December 2019, 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 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 Marine Corps and began a period of active duty on 8 January 1985.  On 29 November 1988, Petitioner reenlisted for a period of four years.  On 15 March 1990, Petitioner was counseled regarding his deficiencies in performance and conduct (repeated disrespect to seniors and developing pattern of domestic violence).  On 20 March 1992, Petitioner received non-judicial punishment (NJP) for wrongful use of marijuana.  On 20 April 1992, Petitioner was notified of the initiation of administrative separation proceedings 
by reason of misconduct-pattern of misconduct, and misconduct-drug abuse, at which point, he waived counsel and his procedural rights.  On 22 April 1992, Petitioner’s commanding officer recommended Petitioner’s discharge by reason of misconduct-pattern of misconduct, and misconduct-drug abuse.  On 12 May 1992, the discharge authority approved and directed Petitioner’s discharge.  On 22 May 1992, Petitioner was discharge with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse. 

d.  Petitioner was issued a Certificate of Release or Discharge from Active Service (DD Form 214) which did not include his period of honorable service. 

e.  Per Reference (b), Box 18 should indicate Petitioner’s periods of honorable service. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, and evidence submitted by the Petitioner, the Board determined the passing of Petitioner’s mother was not a mitigating factor in the Petitioner’s drug use.  Therefore, Petitioner’s request for upgrade to the characterization of discharge is not 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’s Certificate of Release or Discharge from Active Duty (DD Form 214) does not indicate the Petitioner’s period of honorable service from 8 January 1985 to 29 November 1988. 

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 8 January 1985 to 29 November 1988. 
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 November 2018. 

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.