Docket No: 3711-20 
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  
 (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 upgraded characterization of service.  
 
2.  The Board consisting of  reviewed Petitioner’s allegations of error and injustice on 10 February 2021 and, pursuant to its regulations, determined that 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, 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 Navy on 24 February 1986, and after serving honorably during his first enlistment, he reenlisted on 5 December 1989.  On 14 November 1996, he received nonjudicial punishment for adultery with a civilian woman and adultery with a lance corporal in the Marine Corps. 
  
 d.  Subsequently, Petitioner was notified of pending administrative separation action by reason of misconduct due to commission of a serious offense and elected his right to an administrative discharge board (ADB).  On 12 February 1997, the ADB determined the preponderance of the evidence supported a finding of misconduct due to commission of a serious offense and recommended Petitioner’s separation with a general, under honorable conditions (GEN), character of service.  Petitioner’s commanding officer concurred with the ADB’s recommendation.  The discharge authority approved the ADB recommendation and directed Petitioner’s discharge with a GEN character of service by reason of misconduct due to commission of a serious offense.  Petitioner was discharged on 3 April 1997.    
 
 e.  Petitioner contends his discharge was unjust due to prejudice and racist intent by the officer-in-charge (OIC) and his chief petty officer.  He further contends his record was impeccable prior to and upon arrival at Marine Corps , until he served under this OIC and chief.   
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief.   
 
The Board, applying liberal consideration and relying on the Wilkie memo, determined Petitioner’s only adjudicated misconduct, adultery, coupled with his in-service performance record prior to the misconduct, warrants an upgraded character of service.  Additionally, in the interest of justice and in light of the potential for future negative implications, the Board further determined Petitioner’s narrative reason, separation code, and separation authority should be changed 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 “honorable,” narrative reason for separation as “secretarial authority,” separation code as “JFF,” and separation authority as “MILPERSMAN 1910-164.”  
 
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.