Docket No: 3262-20 
Ref: Signature date 
 
From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy   
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER  
             
Ref:     (a) 10 U.S.C. §1552 
            
Encl:  (1)  DD Form 149 
       (2)  Subject's naval record (excerpts) 
 
1. Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting that his character of service be corrected on his Certificate of Release or Discharge from Active Duty (DD Form 214).  
 
2.  The Board, consisting of      reviewed Petitioner's allegations of error and injustice on 16 June 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 his naval records, 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 enlisted in the Marine Corps and began a period of active duty on 8 May  .  On 14 July 2017, he was diagnosed with a Symptomatic Pes Planus foot, secondary to metatarsal fracture in right foot.  He was referred for an Entry Level Separation as “Not physically qualified.”   
 
     c.  On 31 July 2017, Petition was discharged.  At the time of his discharged he was issued a DD Form 214 indicating an entry level separation type of separation, MARCORSEPMAN 6203.2 separation authority, JFV1 separation code, RE-3P reentry code, condition, not a disability narrative reason for separation, and a dishonorable character of service. 
 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief.   
  
The Board's decision is based on the fact that Petitioner was issued a DD Form 214 containing an administrative error in the character of service.  A dishonorable discharge can only be adjudicated at a court-martial.  Based upon the information contained in Petitioner’s record and the net active service, an uncharacterized charter of service is appropriate.  
  
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 
 
RECOMMENDATION 
 
Petitioner be issued a new DD Form 214 indicating that on 31 July 2017, he was discharged with an uncharacterized character of service, entry level separation type of separation, MARCORSEPMAN 6203.2 separation authority, JFV1 separation code, RE-3P reentry code, and condition, not a disability narrative reason for separation  
 
That no further changes be made to Petitioner’s record. 
 
A copy of this Report of Proceedings be filed in Petitioner’s naval record. 
 
Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 23 April 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 Regulation, 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.