Docket No: 388-20 
Ref: Signature Date 
 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER    USMC, XXX-XX 
 
Ref:    (a) 10 U.S.C. 1552   
 
Encl:  (1) DD Form 149 (NR20200000388) 
       (2) Case summary 
 
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 social security number (SSN) on his Certificate of Release or Discharge from Active Duty (DD Form 214) and a medical discharge.  Enclosure (2) and references (b) through (c) applies. 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 28 October 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, relevant portions of his 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 enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and review the application on its merits.   
 
    c.  Petitioner enlisted in the Marine Corps and began a period of active duty on 8 June 1999.  On 27 April 2001, Petitioner received nonjudicial punishment (NJP) for wrongful use of marijuana.   
 
    d.  Petitioner was notified of administrative separation proceedings against him.  Commanding Officer, Marine Wing Communications  recommended that Petitioner receive an 
other than honorable discharge and stated that Petitioner has not and cannot meet the minimal standards required of Marines. 
 
    e.  Petitioner was discharged on 6 July 2001, on the basis of misconduct, and received an other than honorable discharge and a reentry (RE) code of RE-4. 
 
    f.  In his application to the Board, Petitioner asks for an upgrade to his discharge characterization from other than honorable to general or honorable.  Petitioner asserts that the other than honorable discharge is inequitable in consideration of his exemplary service in the Marine Corps for over 24 months prior to his admitted one time usage of marijuana.  Petitioner notes that subsequent drug tests were negative. 
 
CONCLUSION: 
 
The Board considered Petitioner’s request in the light of the current clemency guidance of USD memorandum of 25 July 2018, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.”  The Board noted Petitioner’s overall proficiency and conduct marks of 4.6/4.6, his nearly two years of positive contributions to the Marine Corps, the one-time incident of wrongful use of marijuana, and the length of time since Petitioner’s discharge.  Given the totality of the circumstances, the Board found that Petitioner is entitled to clemency in the form of an upgrade to his discharge characterization from other than honorable to general.  The Board found that the mitigating factors did not completely absolve Petitioner of responsibility for his wrongful use of marijuana while on active duty, and therefore his discharge should be upgraded to general only, and that no further corrective action should be taken. 
 
Accordingly, the Board found that Petitioner should be issued a new DD Form 214 to reflect that he received a general discharge upon his separation from the Marine Corps on 6 July 2001. 
 
 In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner be issued a new DD Form 214, showing that he received a general discharge from the Marine Corps on 6 July 2001. 
 
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 6 January 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. 
 
         
12/18/2020
Executive Director