Docket No: 3794-20 
Ref: Signature Date  
 
 
From:  Chairman, Board for Correction of Naval Records 
To:      Commandant of the Marine Corps 
 
Subj:   REVIEW NAVAL RECORD OF ,  
                
            
Ref:    (a) 10 U.S.C. 1552 
           (b) SECDEF 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 (USD Memo)  
 
Encl:   (1) DD Form 149 with attachments 
     (2) Case summary 
     (3) Subject's naval record (excerpts) 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting a change to his naval record, specifically, to change his Characterization of service “Other Than Honorable Conditions” and his Social Security Number (SSN) on his Certificate of Release or Discharge from Active Duty (DD Form 214).  Enclosures (1) through (3) apply. 
 
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 corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, naval 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 enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute limitation and review the application on its merits. 
 
    c.  Petitioner enlisted in the Marine Corps on 18 September 1979.  During the period from 9 April 1980 to 4 December 1980, Petitioner received non-judicial punishment (NJP) on two occasions for sleeping on post and for absence from his appointed place of duty.  On 3 August 1981, Petitioner commenced a period of unauthorized absence (UA).  Petitioner was apprehended and subsequently returned to military control on or about 10 August 1988.  On 24 August 1988, Petitioner submitted a written request for discharge for the good of the service (GOS) to avoid trial by court-martial for being in a UA status from 3 August 1981 to 10 August 1988.  Prior to submitting this request, he conferred with a qualified military lawyer, at which time he was advised of his rights and warned of the probable adverse consequences of accepting such a discharge.  His request was granted and his commanding officer was directed to issue an other than honorable discharge for the good of the service.  On 29 August 1988, he was discharged. 
 
    d.  At the time of Petitioner’s discharge from active duty, he was issued a DD Form 214 which incorrectly reflected his SSN as  versus .      
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner's request warrants only partial favorable action.  The Board was sympathetic to the Petitioner’s desire to change his characterization of service.  However, the Board concluded that these factors were not sufficient to warrant relief given his misconduct and extended UA.  With that being said, the Board concluded that Petitioner’s characterization of service “Other Than Honorable Conditions” will remain unchanged.   
 
The Board also reviewed Petitioner’s application under the recent guidance provided in reference (b).  The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records (BCM/NRs) “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief.  However, even in light of the USD Memo, the Board still concluded given the totality of the circumstances and Petitioner’s lengthy UA, his request does not merit relief. 
 
Regarding correcting Petitioner’s SSN on his DD Form 214, the Board notes that a review of Petitioner’s military records verified Petitioner’s correct SSN as , and as such, his record should be corrected to reflect the correct SSN. 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s naval record be corrected to reflect a SSN as .  
 
That Petitioner be issued a new DD Form 214, which reflects a corrected SSN as . 
 
That no further changes be made to the record. 
 
That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received in 21 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. 
 
                                                                             Sincerely,