Docket No. 3637-20
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF FORMER , USMC,  
  
Ref:    (a) 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 w/attachments 
 
1.  Pursuant to the reference, Petitioner, a former enlisted member of the Marine Corps, filed the enclosure with the Board for Correction of Naval Records (Board), requesting an upgrade to his service characterization as reflected on his Report of Separation from Active Duty (DD Form 214) for his period of active-duty service ending on 6 August 1979. 
 
2.  The Board, consisting of   , reviewed Petitioner’s allegations of error and injustice on 
9 September 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 enclosure, relevant portions of Petitioner’s naval service records, and applicable statutes, regulations, and policies. 
 
3.  Regarding Petitioner’s request for a personal appearance, Board regulations state that personal appearances before the Board are not granted as a right, but only when the Board determines that such an appearance will serve some useful purpose.  In this case, the Board determined that a personal appearance was not necessary and considered the case based on the evidence of record. 
 
4.  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 regulation 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 Marine Corps and began a period of active duty on 30 June 1978.  On 23 July 1979, Petitioner submitted a request for a good of the service (GOS) discharge in lieu of trial by court martial for the following charges:  disrespect to a non-commissioned officer, disobeying a lawful order, disobeying a direct order, and communicating a threat.  On 30 July 1979, Petitioner’s GOS request for discharge was determined to be sufficient in law and fact by the staff judge advocate.  Subsequently, the discharge authority approved and directed Petitioner’s discharge.  On 6 August 1979, Petitioner was discharged with an other than honorable characterization of service.  A service record entry reflects that Petitioner’s final mark in conduct was 4.0. 
 
    d.  Petitioner requests upgrade to his current characterization of service and contends he was never in trouble prior to his GOS request for discharge.  Petitioner notes his positive post-service conduct, longstanding career as a truck driver, and contributions to his community. 
 
CONCLUSION 
 
The Board noted the Petitioner’s record reflects one incident of misconduct.  In view of the foregoing, the Board determined that Petitioner’s discharge was too severe.  Further, the Board considered Petitioner’s service record and final performance marks, which were sufficient to receive a general characterization of service.  As a matter of justice, the Board found that Petitioner is entitled to an upgrade of his discharge characterization to “general (under honorable conditions).” 
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating his characterization of service as “general.” 
 
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 26 February 2020. 
 
5.  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. 
 
6.  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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.