Docket No: 1905-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. §1552 (b) USD memo of 25 Jul 18, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” Encl: (1) DD Form 149 w/ attachments 1. Pursuant to reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board for correction to his Certificate of Release or Discharge from Active Duty (DD Form 214), seeking an upgrade to his discharge characterization from other than honorable to honorable. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 5 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 enclosures, relevant portions of her naval service 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 review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty on 16 April 1985. d. An administrative message of 31 May 1989, from indicated that Petitioner tested positive for THC and cocaine after a urinalysis. On 13 June 1989, Petitioner received non-judicial punishment (NJP) for wrongful use of a controlled substance. e. Administrative discharge proceedings were initiated against Petitioner, and he waived his right to appear before an administrative separation board. Commanding Officer, Patrol Squadron FIVE noted that Petitioner exhibited complete disregard for the Navy’s zero tolerance drug policy as demonstrated by the positive result on a random urinalysis and recommended that Petitioner receive an other than honorable characterization of service. f. On 4 August 1989, Petitioner was discharged from the Navy on the basis of misconduct due to drug abuse and received an other than honorable characterization of service and a reentry (RE) code of RE-4. g. The Board considered Petitioner’s request for an upgrade and noted that Petitioner takes responsibility for a mistake he made 30 year ago. The Board reviewed the numerous character statements submitted in support of Petitioner’s application and noted his post-service accomplishments to include his role as a father and husband, and his contributions as a homecare professional. MAJORITY CONCLUSION: The Majority of the Board, in its review of Petitioner’s entire record and application, carefully considered the policy guidance of reference (b), Petitioner’s personal statement in support of his request, and the positive contributions that Petitioner has made to the community since his discharge. The Majority took into account Petitioner’s four years of honorable service and the one time offense [NJP for wrongful use of a controlled substance]. The Majority also took into account the length of time since Petitioner’s discharge, his acceptance of responsibility for his actions, and his in-service performance marks prior to his NJP. The Majority determined that Petitioner is entitled to clemency and that his request merits partial corrective action to reflect an upgrade to a general characterization of service. The Majority found that the seriousness of Petitioner’s misconduct as evidenced by his wrongful use of THC and cocaine while in an active duty status was such that a general rather than an honorable characterization of service is appropriate. The Majority determined that Petitioner is entitled to an upgrade from other than honorable to general. MAJORITY RECOMMENDATION: In view of the above, the Majority directs the following corrective action: That Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty to show he was discharged with a general characterization of service. That a copy of this report 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 19 February 2020. MINORITY CONCLUSION: The Minority of the Board, in its review of Petitioner’s entire record and application, also carefully considered the policyguidance of reference (b), Petitioner’s personal statement in support of his request, and the positive contributions that Petitioner has made to the community since his discharge. The Minority took into account the length of time since Petitioner’s discharge, his acceptance of responsibility for his actions, and his in-service performance marks prior to his NJP. The Minority determined, however, that clemency is not appropriate due to the seriousness of his wrongful use of THC and cocaine while in an active duty status. The Minority concluded that Petitioner’s other than honorable characterization of service is supported by his misconduct as reflected in his NJP for wrongful use of a controlled substance, and that it was issued without error or injustice. MINORITY RECOMMENDATION: That no corrective action be taken on Petitioner’s record. 4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) 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. The foregoing action of the Board is submitted for your review and action.