Docket No: 3539-20 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
    
Ref:    (a) 10 U.S.C. § 1552  
     
Encl:  (1) DD Form 149 with attachments 
   
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted sailor, filed the enclosure with the Board for Correction of Naval Records (Board) requesting the Board correct his Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect an upgraded characterization of service and a change to his narrative reason for separation.  Petitioner also requested a “short form” DD Form 214 and separate DD Form 214s for each enlistment.    
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 4 June 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 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 initially enlisted in the Navy on 29 April 2001 and served honorably until his reenlistment on 25 April 2005.  On 8 July 2011, after serving honorably during his second enlistment, Petitioner reenlisted for a third enlistment.  On 30 October 2012, he received nonjudicial punishment (NJP) for driving under the influence (DUI).  On 16 October 2013, Petitioner received a second NJP for wrongful use of a controlled substance.  His record is incomplete in that it does not contain all the documents pertaining to his administrative discharge but, based on his DD Form 214, it appears that after waiving his procedural rights, the separation authority directed discharge with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  He was discharged on 13 November 2013.   
 
 d.  Petitioner, through counsel, contends the Naval Discharge Review Board (NDRB) erred in not granting his relief in whole or in part.  The Board exercised its authority and reviewed the case anew, considering each of the contentions detailed in counsel’s brief.  Specifically, Petitioner contends the following:   
 
  1) Petitioner’s overall service, and not just the current enlistment, should have been considered when determining the characterization of service. 
 
  2) Petitioner’s service was honest and faithful with only two instances of misconduct which did not affect the performance of his duties. 
 
  3) Petitioner’s post-service record warrants an upgrade to his characterization of service.  Specifically, he has been sober since November 2015 and completed the New Directions for Veterans Program in November 2017.  Additionally, Petitioner now has a strong relationship with his sons and, after moving to Arizona to be close to them, he shares physical and legal custody with his ex-wife.   
 
  4) Petitioner’s discharge was inequitable because he faced serious family problems during service which resulted in the troubles leading to his discharge.  He did not struggle with a substance abuse disorder during the first 12 years of service but, after his wife told him he was no longer welcome in their home because he reenlisted, Petitioner began to self-medicate with alcohol and later, after his wife filed for full custody, he self-medicated with drugs.  Petitioner contends his personal problems, which led to situational depression due to losing his family, mitigated his misconduct and, applying liberal consideration as required, he warrants an upgraded characterization of service.   
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants partial relief in the form of correction to his DD Form 214.    
 
The Board carefully reviewed Petitioner’s application, weighed all potentially mitigating factors, and considered each of his contentions.  The Board noted Petitioner’s DUI and drug misconduct and, even applying liberal consideration and considering his overall service and post-service accomplishments, determined Petitioner’s misconduct during his third enlistment warranted an OTH characterization of service.  Further, the Board determined his narrative reason for separation was authorized and appropriately described the reason for his separation.   
 
The Board noted Petitioner’s DD Form 214 does not contain a Block 18 statement regarding his continuous honorable active service during his first two enlistments.  Petitioner requested separate DD Form 214s for his enlistments, but during his years of active service, separate DD Form 214s were not issued for each enlistment.   
  
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a new DD Form 214 which covers his entire period of active service which began on 29 April 2001 and ended when he was discharged on 13 November 2013.  The new DD Form 214 should include the following language in Block 18: CONTINUOUS HONORABLE ACTIVE SERVICE FROM 29 APRIL 2001 UNTIL 07 JULY 2011. 
     
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 7 May 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. 

7/13/2020