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 
 
Encl:   (1) DD Form 149 w/attachments 
 
 1.  Pursuant to the provisions of references (a) and (b), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change to his name, characterization of service, and reason for separation in his naval record.  Enclosures (1).  
 
 2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 15 July 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 service record, 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.  Enclosure (1) was filed in a timely manner. 
 
    c.  Petitioner enlisted in the Navy and began a period of active duty on 25 July 1991. On 16 January 1992, Petitioner received non-judicial punishment (NJP) for wrongful use of a controlled substance-cocaine.   On 17 January 1992, Petitioner was notified of the initiation of administrative separation proceedings by reason of misconduct-drug abuse.  On 19 January 1992, Petitioner elected his right to consult with counsel and review of his case by an administrative discharge board (ADB). On 5 February 1992, Petitioner waived all previously elected rights. On 21 February 1992, Petitioner’s commanding officer recommended his discharge by reason of misconduct-drug abuse.  On 2 March 1992, the discharge authority approved and directed Petitioner’s discharge.  On 9 March 1992, Petitioner was discharged with an other than honorable (OTH) characterization of service by reason of misconduct-drug abuse.  Petitioner was issued a Report of Separation from Active Duty (DD Form 214) based on the name used while serving, specifically, “.” 
 
     d.  On 27 April 1992, a court in , ordered and adjudged Petitioner’s name changed to “” from “.” 
 
     e.  Petitioner requests his DD Form 214 be amended by changing his name from “” to “,” his characterization of service upgraded, and his narrative reason for separation changed.  Petitioner contends his youth and immaturity resulted in his drug use.  Petitioner expressed regret for his decisions and notes his positive post-service conduct.  
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial favorable action.  The Board notes the aggravating factor of drug-related misconduct in the Petitioner’s naval record, therefore, an upgrade to his characterization of service and change to his narrative reason for separation are not warranted.  Notwithstanding, the Board notes the legal actions taken by civil authorities to change Petitioner’s name and concludes that the DD Form 214 should be changed to reflect the Petitioner’s present name.   
 
In view of the above, the Board directed the following corrective action: 
 
RECOMMENDATION: 
 
That Petitioner’s naval record, specifically, Block 1 of the DD Form 214, be corrected to reflect the name “” instead of “.” 
 
That Petitioner be issued a new DD Form 214, which reflects the Petitioner’s current name. 
 
That no further changes be made to the record. 
 
That a copy of this report of proceedings be filed in Petitioner’s naval record, along with the previously issued DD Form 214 and the corrected DD Form 214, which reflects Petitioner’s name change. 
 
That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received on 22 May 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 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.