From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments 1. Pursuant to the provisions of the reference (a), Subject, hereinafter referred to as Petitioner, filed the enclosure with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to grant him service credit to allow him to retire with 20 years of active-duty service. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 2 April 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 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. Petitioner entered active-duty service in the Navy in June 1999 and served successfully through several enlistments, reaching the paygrade of E-7. However, Petitioner injured his right shoulder in August 2015 and was prescribed 15 hydrocodone pills. He subsequently underwent shoulder surgery in January 2016, which resulted in him being prescribed hundreds of Percocet pills as part of his treatment plan. It appears that Petitioner became opioid dependent at some point between August 2015 and when he later tested positive twice for hydrocodone in June and July 2016. c. Petitioner’s positive urinalysis started a long investigative process that ultimately determined he wrongfully used hydrocodone prior to his two positive urinalysis tests. Based on his refusal to accept non-judicial punishment and the local Region Legal Service Officer refusal to prosecute him for his alleged wrongful use of drugs, Petitioner was notified of administrative separation processing on 7 December 2017 for his drug abuse along with commission of a serious offense for misconduct unrelated to his drug abuse. On 1 March 2018, the administrative separation board considered the evidence in the case and found that Petitioner had committed drug abuse and a serious offense. Based on its findings, the administrative separation board recommended that Petitioner be separated from the Navy with an other than honorable (OTH) characterization of service. In the meantime, Petitioner was being dual processed through the Disability Evaluation System for right knee pain, generalized anxiety disorder, and irritable bowel syndrome. On 7 August 2018, the PEB found Petitioner fit for continued active duty. He was subsequently discharged on 30 October 2018 pursuant to the administrative separation board’s findings and recommendations but assigned a general characterization of service. At the time of his discharge from the Navy, Petitioner had 19 years, 4 months, and 13 days of creditable service toward retirement. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief. Specifically, the Board determined that Petitioner should be awarded service credit to allow him to qualify for retirement with 20 years of active-duty service and placed on the retirement list. Additionally, the Board concluded that his characterization of service should be changed to honorable. The Board concluded that there was no error in Petitioner’s case. Based on the evidence, the Board believed that he wrongfully used drugs and committed a serious office to support the Navy’s action in his case. However, the Board concluded that an injustice exists in Petitioner’s case based on the sheer number of opioid pills prescribed to Petitioner after his right shoulder injury and surgery. In their opinion, in the Navy’s attempt to treat Petitioner’s shoulder condition, they inadvertently caused him to become dependent on a powerful opioid drug that, more likely than not, resulted in his abuse of hydrocodone. The Board also considered that Petitioner was a stellar performer from 1999 through 2016 with no prior history of serious misconduct. Therefore, while the Board does not excuse Petitioner’s misconduct, they concluded it was in the interest of justice to grant him the service credit necessary to reach retirement eligibility, retroactively place him on the retirement list, grant him retirement back pay, and change his characterization of service to honorable. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by granting sufficient active-duty service credit to allow him to retroactively retire, at his earliest eligibility date, with 20 years of active-duty service. Grant retroactive retirement pay from the date of his placement on the retirement list. Upgrade his characterization of service from general to honorable. Change his narrative reason for separation from misconduct to retirement. Make all necessary changes to his record consistent with these recommended changes. Petitioner will be issued a new DD Form 214 that reflects these changes to his 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 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.