Docket No: 4202-20 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 Encl: (1) DD Form 149 (NR20200004202) (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 that his discharge characterization be upgraded from Under Other than Honorable Conditions to Honorable. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 14 September 2020, and, pursuant to its regulations, determined that the partial 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 started a period of active duty on 29 March 1994. On 25 February 1994, he signed the US Marine Corps policy on drug abuse. On 16 February 1996, nonjudicial punishment (NJP) was imposed on Petitioner for Wrongful Use of Drugs. Subsequently, administrative separation action by reason of Misconduct – Drug Use was initiated against him. On 1 August 1996, he was administratively separated with an Under Other than Honorable Conditions discharge. Following his discharge from the Marine Corps, Petitioner immediately became a productive member of society. Returning to his home state, he began working at , , and in It was there that Petitioner found his passion. Petitioner became a self-taught goldsmith and then apprenticed with multiple goldsmiths across the United States, eventually opening his own business, in . In conjunction with his successful business, Petitioner became a pillar of his local community where he is a member of the Jaycees, the Lion’s Club, the Rotary and Free Masons. Several letters of recommendation were submitted on Petitioner’s behalf, which support his contention that he has completely transformed his life from the minor mistakes he made as a 19-year old in 1996. e. The Board considered Petitioner’s request for a change to his discharge characterization and reviewed the available records pertaining to the allegations against Petitioner. The Board concluded that it was appropriate to change the discharge characterization in consideration of Petitioner’s notable post-Marine Corps achievements and contributions to society. These achievements are noted in the 14 letters of recommendation Petitioner submitted. These letters were authored by officials ranging from a county sheriff to a city mayor to a bank president and the Director, Department of Public Safety. These letters attested as to the Petitioner’s positive effect on the , area and personal character. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants corrective action to include a change of the discharge characterization to General the narrative reason be charged to Secretarial Authority and the separation code be changed to “JFF.” In view of the above, the Board directs the following corrective action. RECOMMENDATION: That Petitioner’s naval record be corrected to show that on 1 August 1996 Petitioner was issued a General discharge, with a narrative reason of Secretarial Authority and a separation code of “JFF.” That Petitioner be issued a DD Form 215. 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 9 June 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.