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 25 Jul 2018 “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 1. Pursuant to the provisions of the reference, Petitioner, a former member of the Marine Corps, filed enclosure (1) with this Board, requesting that his other than honorable characterization of service be upgraded to honorable. 2. The Board, consisting of , reviewed the subject former member’s allegations of error and injustice on 26 August 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 enclosure, relevant portions of the subject former member’s naval records, and applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts of record pertaining to the subject former member’s allegations of error and injustice, finds as follows: a. Before applying to this Board, the Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. The Petitioner enlisted in the Marine Corps On 5 June 1972. c. During his time in the Marine Corps, was subject to a wide array and relatively frequent discipline. For example, on 22 August 1972, he received nonjudicial punishment for absence from his appointed place of duty. In the year 1973, received nonjudicial punishment three more times for offenses including being absent from his appointed place of duty, to leaving his post without a relief, and several instances of disobeying a lawful orders. On 15 August 1973, was convicted by a special court-martial for failing to go to his appointed place of duty, disrespect, three instances of disobeying lawful orders, as well as provoking speeches and gestures and assault on a military policeman. d. On 21 February 1974, was offered an administrative discharge board, which reviewed his record and was charged with making a determination on his future in the Marine Corps. The Board determined that had committed misconduct, and that he should be discharged from the Marine Corps with an undesirable discharge. The administrative board, however, determined that should be given another chance to complete his service honorably. Thus, the Board recommended, and his command agreed, to hold the discharge in abeyance in order that would be able to complete his service honorably. Yet, only approximately three weeks after the determination of the board, on 14 March 1974 and then again on 4 April 1974 and 2 May 1974, received nonjudicial punishment three more times for violating lawful orders. Ultimately, was alleged to have assaulted an officer and a senior noncommissioned officer, and was placed in confinement on 10 September 1974. At this juncture, he was provided additional due process, and another administrative discharge board was held to determine whether to vacate his suspended discharge. The board agreed that there was a basis to vacate suspended discharge, and he was discharged on 13 December 1974 with an other than honorable characterization of service. e. petitioned the Naval Discharge Review Board twice, the first decision issued on 14 March 1977 and the second issued on 17 April 1979. He also petitioned this Board previously, which was denied on 27 May 1983. In each of these cases it appears he has contended that he had a low level of education, family problems, and grew up in such a manner that he needed to fight to get along. In his current petition he makes these assertions but also asserts he suffered from pernicious racism. f. In his current petition, also included an explanation of his post-service life and accomplishments. was 21-years old when he was discharged. According to , when he returned home, he decided to change his life around and channel his anger by taking up karate. He decided to use this tool to become a karate instructor and mentor for 25-years to help at -risk youth like himself. In his capacity as a mentor, he gave his students incentive to become positive, productive members of society. He offered free lessons to physical education students at Fundamental High School. On August 7, 1994, received his GED from High School. also served as a State Police and retired after 16 years of service after he suffered from a stroke that rendered him legally blind. He has also attained numerous personal awards and accomplishments in his post-service life. g. post-service accomplishments have convinced the Board to grant him partial relief as described below. CONCLUSION Upon review and consideration of all the evidence of record, and in light of reference (b), the Board found the existence of an error warranting relief. Specifically, the Board found that partial relief, based on clemency, in the form of upgrading his discharge to a General (Under Honorable Conditions) would be appropriate. RECOMMENDATION In view of the above, the Board directs the following corrective action: Petitioner’s naval record be corrected by issuing him a new DD Form 214 reflecting that his characterization of service be upgraded to general (under honorable conditions), and that no further action be granted. A copy of this report of proceedings shall be filed in Petitioner’s naval record. That upon request, the Department of Veterans Affairs is informed that Petitioner’s application was received by the Board on 21 July 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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.