Docket No: 1681-20
Ref:   Signature Date   

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER MEMBER ,       USN, XXX-XX 
 
Ref:   (a) 10 U.S.C. § 1552  
       (b) PDUSD memo, “Guidance to Military Discharge Review Boards and Boards for Correction of                Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” of 25 July 2018 
 
Encl:  (1) DD Form 149 with attachments 
       (2) Case Summary 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her naval record be corrected to reflect an upgraded characterization of service. 
 
2.  The Board, consisting of ,  reviewed Petitioner's allegations of error and injustice on 20 November 2020, and, pursuant to its regulations, determined the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of your application together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
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 enlisted in the Navy on 11 February 1986.  On 9 December 1986, she was convicted by summary court-martial (SCM) for wrongful use of marijuana and sentenced to forfeiture, reduction in rank, and restriction.  On 20 February 1987, she was convicted by SCM for an unauthorized absence (UA) from 9 December 1986 to 8 January 1987, and sentenced to forfeiture and restriction. 
 
 c.  Subsequently, Petitioner was notified of pending administrative separation action by reason of misconduct due to drug abuse.  After she waived her procedural rights, Petitioner’s commanding officer recommended administrative separation by reason of misconduct with an other than honorable (OTH) character of service.  The discharge authority concurred and directed Petitioner be discharged with an OTH character of service due to misconduct.  Petitioner was discharged on 6 May 1987. 
 
 d.  Petitioner contends her discharge was based on a single urinalysis.  In her personal statement, she details the circumstances surrounding her positive urinalysis and the abuse she suffered at the hands of her spouse.  She contends her UA period was a result of how much she feared her husband and feared for the life of her unborn child.  In support of her contentions, Petitioner provided an advocacy letter from her husband’s brother which detailed her husband’s illegal drug use and abusive behavior.  Petitioner also provided a copy of a newspaper article which reported the kidnapping of her two-month old daughter by her estranged husband. 
 
 e.  Petitioner’s contention that her urinalysis tested positive because she was in the room while her husband and his friend were doing cocaine and smoking marijuana.  Petitioner’s record and previous applications to the BCNR and Navy Discharge Review Board contains documented evidence, which is contrary to her contentions.  The record clearly indicates that on 10 March 1987, Petitioner admitted to using marijuana one to three times per month while off duty. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief.   
 
The Board, applying liberal consideration and relying on reference (b), determined the abusive situation Petitioner lived in mitigated her misconduct of UA and warranted relief in the form of an upgraded characterization of service.  Due to the drug-related nature of her misconduct, the Board concluded a general, under honorable conditions, characterization of service appropriately describes Petitioner’s service. 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a new DD Form 214 indicating the characterization of service as “general, under honorable conditions,” narrative reason for separation as “secretarial authority,” separation code as “JFF,” and separation authority as “MILPERSMAN 1910-164.”   
     
That a copy of this report of proceedings be filed in Petitioner’s naval 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.