Docket No: 1320-20  
Ref: Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  


Ref: (a) 10 U.S.C. §1552 
Encl: (1) DD Form 149 

1.  Pursuant to the provisions of the reference, Petitioner, a former enlisted Sailor, filed the enclosure with this Board, requesting his characterization of service be upgraded to honorable and changes to his narrative reason for separation and reentry code. 

2.  The Board, consisting of reviewed Petitioner's allegations of error and injustice on 21 May 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 enclosure, relevant portions of the 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 enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits.  

c.  Petitioner enlisted in the Navy and began a period of active duty on 14 March 1996.  On 27 November 2001, Petitioner was honorably discharged for an immediate reenlistment on the same date.  
d.  On 17 February 2002, Petitioner was arrested by civilian authorities (US Customs) in Miami, Florida for possession of narcotics (7 kilos of cocaine) with intent to distribute. On 23 May 2003, Petitioner received nonjudicial punishment (NJP) for unauthorized absence.  On 2 July 2003, administrative separation was initiated due to misconduct – commission of a serious offense, misconduct – civilian conviction, and misconduct – drug abuse.  Petitioner opted not to consult with counsel and elected to waive his rights to submit a statement on his behalf or an administrative discharge board.  His commanding officer recommended an under other than honorable (OTH) discharge and on 8 July 2003, the separation authority directed an his discharge. On 15 July 2003, Petitioner was disharged with an OTH characterization of service; a separation code “HKK;” a narrative reason for separation “misconduct – drug abuse;” and a reentry code “RE-4.” 

e.  Petitioner asserts he received personal awards, decorations, letters of recommendation, commendations, and a prior period of honorable service.  He claims his record demonstrates he was generally a good service member and he had combat service. Petitioner states his NJP was an isolated incident and that mistake resulted in the end of his career and marriage, and led to his financial ruin.  After his incarceration, he found it difficult to obtain employment; however, he obtained a degree and has served as a volunteer soccer coach soccer and is active in his church. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants partial relief in the form of correction to his DD Form 214 

The Board carefully reviewed Petitioner’s application, weighed all potentially mitigating factors, and considered each of his contentions.  The Board also considered his first period of enlistment, each advocacy letter and his post-service accomplishments in support of his request for an upgrade to his characterization of service.  TheBoard noted the seriousness of Petitioner’s misconduct, and, even applying liberal consideration, determined Petitioner’s misconduct warranted an OTH characterization of service.  

In reviewing Petitioner’s Official Military Personnel File, the Board noted Petitioner’s DD Form 214 does not cover his first enlistment nor does it contain a Block 18 statement regarding his continuous honorable active service during that enlistment.  

RECOMMENDATION 

In view of the above, the Board directs the following partial corrective action: 

Petitioner be issued a Correction to DD Form 214 (DD 215) to contain the following language to Block 18: CONTINUOUS HONORABLE ACTIVE SERVICE FROM 14 MARCH 1996 TO 27 NOVEMBER 2001. 

That no further action be granted. 

A copy of this report of proceedings be filed in Petitioner’s naval record. 

That upon request, the Department of Veterans Affairs is informed that Petitioner’s application was received by the Board on 31 January 2020. 


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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.