DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 626-20  
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref:    (a) 10 U.S.C. § 1552 

Encl:   (1) DD Form 149 (NR20200000626) 

1.  Pursuant to the reference, Petitioner filed the enclosure with this Board, requesting that his record be corrected to reflect an upgrade to his characterization of service from other than honorable to general.  

2.  The Board, consisting of                                                             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 the allegations of error and injustice, finds as follows:

    a.  Before applying to this Board, all administrative remedies available under existing law and regulations within the Department of the Navy were exhausted.

    b.  Although the enclosure 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 24 August 1983.  Petitioner’s received non-judicial punishment (NJP) on 19 February 1986, for violating Article 86 of the Uniform Code of Military Justice (UCMJ) for a period of unauthorized absence (UA) from 14 to 19 February 1986.

    d.  On 7 April 1986, Petitioner received a second NJP for violating Article 92 (disobedience of a lawful order to vacate the premises of a Motel 6 and refusal to surrender his military identification card), Article 89 (disrespect and belligerence), and Article 134 (willfully and unlawfully impersonating an SNCO of the Marine Corps by identifying himself as a staff sergeant).  On 23 April 1986, Petitioner received a third NJP for a period of UA. 

    e.  On 11 August 1986, Petitioner was notified of administrative separation proceedings against him.  Petitioner waived his right to appear before an administrative separation board.

   f.  On 19 August 1986, Petitioner’s Commanding Officer recommended that he be discharged from the Marine Corps for continual violation of the UCMJ and total disregard for Marine Corps regulations as demonstrated by his repeated disciplinary problems.

    g.  Petitioner was discharged from the Marine Corps on 9 October 1986, on the basis of misconduct, and received an other than honorable characterization of service and a reentry (RE) code of RE-4.

    h.  Petitioner seeks an upgrade to his other than honorable characterization of service to reflect a general discharge.  Petitioner contends that he received an early termination from the Marine Corps because his mother in law was very ill, and notes that his mother in law passed away 10 months after he separated from the Marine Corps. 

CONCLUSION: 

The Board considered Petitioner’s request for an upgrade and took into account his personal situation to include his mother in law’s illness.  The Board also noted that Petitioner’s infractions as reflected in his NJPs are relatively minor.  The Board reviewed Petitioner’s performance record and took into account his high proficiency and conduct marks prior to his misconduct.  The Board determined that Petitioner’s situation is one that merits clemency, and that his discharge should be upgrade to reflect a general characterization of service. 

RECOMMENDATION: 

In view of the above, the Board directs the following corrective action: 

That Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty to reflect that he was discharged from the Marine Corps on 9 October 1986, and that he received a general characterization of service. 

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 13 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 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. 


4/17/2020