Docket No: 3687-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER , USMC, 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 her other than honorable (OTH) discharge be upgraded to honorable character of service. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 25 November 2020 and, pursuant to its regulations, determined that the partial 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, to include 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 Marine Corps and began a period of active duty on 28 November 1994. On 26 November 1996, Petitioner received an administrative remarks (Page 11) counseling concerning driving in excessive speed onboard Marine Corps Base , that resulted in 3 speeding tickets being issued within a 30 day period. On 8 May 1997, Petitioner received non-judicial punishment (NJP) for four specifications of uttering a worthless check. During the period from 29 May 1997 to 2 August 1997, Petitioner received three Page 11 counseling entries concerning her financial responsibilities, numerous traffic incidents with military authorities which resulted in driving privileges being suspended, and disobedience of a lawful order. Subsequently, on 22 August 1997, Petitioner was notified that she was being recommended for administrative discharge from the Marine Corps because of misconduct due to minor disciplinary infractions. Petitioner was advised of, and waived her procedural rights to consult with and be represented by military counsel, and her right to present her case to an administrative discharge board. Petitioner’s commanding officer (CO) recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service. The separation authority approved the recommendation and directed administrative discharge from the Marine Corps with an OTH characterization of service by reason of misconduct due to minor disciplinary infractions. On 23 October 1997, Petitioner was so discharged. d. Petitioner contends that her discharge is unjust. Petitioner states that she was an outstanding Marine. Petitioner asserts that her CO was very understanding, she was going through an abusive divorce at the time. However, once her CO left, she was told “we don’t have time for your issues, we have other troops to take care of.” Petitioner asserts that she requested to be discharged, and contends that she “was not kicked out”; and her discharge was granted. She further asserts she had no idea her discharge was going to be an OTH. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request merits partial relief, given the totality of her circumstances. Additionally, the Board reviewed Petitioner’s application under the guidance provided in reference (b). Specifically, the Board considered whether her application was the type that was intended to be covered by this policy. In this regard, the Board noted Petitioner’s disciplinary infractions and does not condone her misconduct, which subsequently resulted in her OTH characterization of service. However, in light of reference (b), Petitioner’s submission of supporting documentation, and applying liberal consideration, the Board determined Petitioner’s atonement warranted clemency and concluded that the Petitioner’s discharge be upgraded to a general (under honorable conditions) character of service. RECOMMENDATION: In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating that on 23 October 1997, Petitioner was discharged with a General (under honorable conditions) character of service. That no further changes be made to Petitioner’s record. 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.