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

Docket No. 9979-18 
Ref: Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy

Subj:

Ref:	(a) 10 U.S.C. § 1552

Encl:   (1) DD Form 149 with attachments

1. Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Marine Corps, filed the enclosure with the Board for Correction of Naval Records (Board) requesting that his Certificate of Release or Discharge from Active Duty (DD Form 214) be changed to reflect his first period of honorable service from 13 September 1994 to 4 April 1998.

2. The Board, consisting of	, reviewed Petitioner’s allegations of error and injustice on 23 October 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 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 Marine Corps and began a period of active duty on 13 September 1994. Petitioner completed this enlistment with an honorable characterization of service on 4 April 1998 and reenlisted on 5 April 1998. On 12 June 1998, Petitioner was convicted by summary court-martial (SCM) of larceny. Although Petitioner’s administrative separation documentation, is not in his service record, based on his Certificate of Release or Discharge from Active Duty (DD Form 214), he was discharged on 17 August 1998, with an other than honorable (OTH) characterization of service by reason of misconduct.

  d. Petitioner contends he completed his first term of enlistment with an honorable characterization of service.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. Due to an administrative oversight, the Petitioner’s DD Form 214 does not reflect his period of honorable service during his first enlistment. Per the MARCORPSEPMAN, this information is captured in Box 18 – Remarks.

RECOMMENDATION:

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

That Petitioner be issued a Correction to DD Form 214, Certificate of Release from Active Duty (DD Form 215) indicating the following: Box 18 – Remarks: “Continuous Honorable Service 13 September 1994 to 4 April 1998.”

That a copy of this Record 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 26 September 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 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,