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) SECDEF Memo of 3 Sep 14 “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PTSD” (c) PDUSD Memo of 24 Feb 16 “Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction of Military/Naval Records by Veterans Claiming PTSD or TBI” (d) PDUSD Memo of 25 Aug 17 “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault or Sexual Harassment” (e) 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 (2) DD Form 214 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 characterization of service, narrative reason for separation, separation code, and his reentry code be changed. Additionally, he requested to have his rank restored to paygrade E-4 and that his record be corrected to reflect he contributed to the Montgomery G.I. Bill. Enclosures (1) and (2) apply. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 30 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 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo), the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and 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. On 10 September 1996, Petitioner entered a period of active duty in the Marine Corps. An entry in his service record states he was counseled on 6 August 1998 regarding an unauthorized absence from the rifle range. He was warned that failure to correct his deficiencies could result in administrative discharge action. d. On 15 October 1999, Petitioner was convicted by summary court-martial (SCM) of wrongful use of marijuana. e. On 24 January 2000, administrative discharge action was initiated to separate him from the Marine Corps by reason of misconduct due to drug abuse. After being afforded his procedural rights, he elected to waive his right to have his case heard before an administrative discharge board. His case was forwarded to the separation authority with the recommendation that he be discharged due to drug abuse. f. On 10 February 2000, the convening authority directed that he be separated from the Marine Corps with an other than honorable (OTH) discharge. g. On 24 February 2000, Petitioner was discharged from the Marine Corps with an OTH characterization of service. At that time, his conduct average was 4.5. h. With his application, Petitioner stated that he suffered from chronic neurological addictive disease disorder and untreated alcoholism and/or substance abuse disorder. He has almost seven years of being sober, and is an active member in recovery fellowship organizations and his community. He further stated he has earned an Associate degree in Applied Science and is currently a college student, consistently making the Dean’s List, and believes his misconduct was not an intentional act of disobedience or lack of moral fortitude, but the symptoms of a mental/neurological disorder clearly and consistently suffered. i. On 9 July 2020, the Board contacted Petitioner requesting any materials or documentation to support his assertions of a mental health impairment. CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that the Petitioner’s request warrants partial favorable action in the form of relief. The Board reviewed his application under the guidance provided in references (b) through (e) intended to be covered by this policy. The Petitioner did not provide materials or documentation to support his assertions of mental health impairments with his application or when requested by the Board; however he did provide a list of research references and a letter from Healing Transitions International (HTI) stating HTI is a homeless shelter for men suffering from alcoholism and other drug addictions and that Petitioner came to HTI on 4 October 2013 and left the program on 12 April 2014. The Board carefully weighed all potentially mitigating factors, including, but not limited to, Petitioner’s record of service, assertions, post-service accomplishments, and desire to have his characterization of service, narrative reason for separation, separation code, and his reentry code changed. The Board also considered Petitioner’s request to have his rank restored to paygrade E-4, and that his Certificate of Release or Discharge from Active Duty (DD 214) be corrected to reflect his contribution to the Montgomery G.I. Bill. The Board concluded these factors and assertions were not sufficient to warrant a change to Petitioner’s narrative reason for separation, separation code, his reentry code, or that he be restored to paygrade E-4, given his NJP for wrongful drug use. The Board noted that Petitioner did not provide any documentation that he contributed to the Veterans’ Educational Assistance Program (Block 15.a.) or the Montgomery G.I. Bill and therefore did not make a recommendation to change Block 15.a. or Block 18. The Board noted Petitioner’s misconduct, and does not condone his actions. However, the Board voted to change Petitioner’s characterization of service to “General (under honorable conditions)” as an act of clemency based on his entire record, to include his conduct trait average of 4.5, post-service accomplishments, and in light of reference (e). In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. RECOMMENDATION Petitioner’s naval record is corrected to show that on 24 February 2000, he received a “General (under honorable conditions) discharge.” Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD 214). No further action be granted. A copy of this report of proceedings be filed in Petitioner’s naval record. 4. It is certified that 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.