Docket No: 0269-20 
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) USECDEF 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 his naval record be corrected to reflect an honorable characterization of service and “secretarial authority” as the narrative reason for separation.  
 
2.  The Board consisting of reviewed Petitioner’s allegations of error and injustice on 10 February 2021 and, pursuant to its regulations, determined the corrective action indicated below should be taken.  Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, , and 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. 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 on 22 January 1998 after a waiver for pre-service marijuana use.  On 17 June 1999, he received nonjudicial punishment for wrongful use of cocaine.  Subsequently, Petitioner was notified of pending administrative separation action by reason of misconduct due to drug abuse.  After he waived his procedural rights, Petitioner’s commanding officer forwarded his package to the discharge authority recommending Petitioner’s administrative separation by reason of misconduct with an other than honorable (OTH) character of service.  The discharge authority concurred and directed Petitioner’ discharge with an OTH character of service due to misconduct.  Petitioner was discharged on 1 September 1999.    
 
 d. Petitioner, after apologizing and taking personal responsibility for his actions, contends he has had two decades to reflect upon his actions as a young and immature sailor, and still lives in a state of deep regret because of his OTH discharge.  He further contends his post-service record warrants an upgrade to his character of service.  Lastly, Petitioner contends he continues to be stigmatized and harmed by his OTH discharge.   
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants partial relief.   
 
The Board, applying liberal consideration and the factors outlined in the Wilkie memo, concluded that, although it found insufficient evidence of an error or injustice, Petitioner’s one-time drug use warranted clemency in the form of an upgraded characterization of service.  The Board noted Petitioner’s remorseful attitude and acceptance of personal responsibility for his behavior and the length of time since his discharge.  Based on these factors, the Board concluded Petitioner’s discharge characterization should be upgraded to general, under honorable conditions.  However, the Board, applying liberal consideration, concluded “misconduct due to drug abuse” was an accurate and authorized description of Petitioner’s reason for separation and denied his request to change the narrative reason to “secretarial authority.”   
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a new DD Form 214 and new discharge certificate indicating the characterization of service as “general, under honorable conditions.”  
 
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. 

2/23/2021
Executive Director