Docket No: 633-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER XXX-XXUSMC Ref: (a) 10 U.S.C. §1552 Encl: (1) DD Form 149 with attachments (2) Case summary 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted Marine, filed enclosure (1) requesting his character of service to be upgraded. 2. The Board consisting of reviewed Petitioner’s allegations of error and injustice on 13 November 2020 and, pursuant to its regulations, determined that the 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 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. Petitioner enlisted in the Marine Corps and began a period of active service on 18 August 1978. d. On 2 June 1980 Petitioner was counseled on being away from work without permission. On 19 August 1980 Petitioner was counseled on the implications of financial indebtedness. On 21 August 1980 Petitioner received nonjudicial punishment (NJP) for wrongfully possessing unauthorized government property. On 19 May 1981 Petitioner was counseled on personal deficiencies in the area of NCO personal traits. On 21 April 1982 Petitioner received NJP for wrongfully using marijuana. On 11 August 1982 Petitioner was convicted at summary court-martial of two specification of unauthorized absence, violation of a general order, and wrongfully and unlawfully make under lawful oath a false statement. e. On 8 September 1982 Petitioner was notified proposed administrative discharge processing by reason of misconduct due to frequent involvement of a dishonorable nature with military authorities. After consulting with counsel, Petitioner waived all his procedural rights. His commanding officer recommended an other than honorable (OTH) characterization of service. On 9 September 1982 the discharge authority directed an OTH characterization of service by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. f. Petitioner was discharged on 10 September 1982. At the time of his discharge he was issued a Certificate of Release or Discharge from Active Duty (DD Form 214) that indicated separation authority of MARCORSEPMAN par 6017.2d, narrative reason for separation of Misconduct – Drug Abuse (Admin Board), and separation code GKK1. g. In his request, Petitioner admits he did wrong, but contends that during his time in-service drug testing was fairly new and that there were many variable that could have affected his positive results. Additionally, he was a good Marines and has paid for his mistake repeatedly. CONCLUSION: Upon review and consideration of all the evidence of record the Board concluded that Petitioner’s request warrants partial relief. The Board noted that Petitioner’s DD Form 214 contains an error in the separation authority, separation code, and narrative reason for separation. The Board further considered all potentially mitigating factors to determine whether the interests of justice to warrant an upgrade to Petitioner’s characterization of service in accordance with the Wilkie Memo. The Board concluded that Petitioner’s desired to upgrade his discharge and contentions were insufficient to warrant relief. Specifically, the Board determined that his repeated misconduct that resulted in two NJPs and a SCM were the impetus for his discharge and that his illegal use of drugs was only one part of the pattern of misconduct. Accordingly, given the totality of the circumstances, the Board determined that an upgrade to Petitioner’s characterization of service is not warranted. In view of the above, the majority recommends the following corrective action. RECOMMENDATION: Petitioner be issued a correction to his DD Form 214 indicating the separation authority as MARCORSEPMAN 6017.2b, separation code JKA1, and narrative reason for separation as Misconduct – Frequent Involvement (w/o Admin Board). That no further changes be made to Petitioner’s record. A copy of this report of proceedings be filed in Petitioner’s naval record. 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.