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) 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 
  
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 other than honorable (OTH) characterization of service be upgraded. 
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 21 December 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 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta 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, the 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, the statute of limitation was waived in accordance with the Kurta Memo. 
 
      c.  The Petitioner enlisted in the Marine Corps and began a period of active duty on 19 November 1997.   
 
   d.  The Petitioner was counseled on 6 May 1998 concerning an incident where he made a suicide attempt with a firearm.  He was medically evaluated and diagnosed with personality disorders.  It was recommended Petitioner attend anger management and alcohol rehabilitation classes, and that he be administratively separated due to his personality disorders.  On 24 May 1998, Petitioner commenced a period of unauthorized absence for approximately three months.  On 15 January 1999, Petitioner was discharged, in lieu of a trial by court-martial, with an Other Than Honorable characterization of service. 
 
    e.  Petitioner asserts that during the relevant period in his enlistment, his mother was dying of cancer and he attended to her while he was in his unauthorized absence status.  He provided documents to demonstrate that his mother died in December 1999.  He also states that after his discharge, he learned many different trades and has been a productive citizen.  He further asserts he used the values and tools he learned in the Marine Corps to make him a better worker, person, father, and man.  Petitioner provided multiple certificates of achievement from his college noting his academdic achievements and participation as a student mentor. 
 
    f.  After careful consideration of his entire record, in view of the passage of time and the Petitioner’s post-service conduct as well as review of reference (b), the Board determined that relief was warranted. 
  
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  Specifically, the Board found that Petitioner’s discharge should be upgraded based on the concepts of equity and clemency. 
 
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 (1) his characterization of service was General (Under Honorable Conditions), (2) narrative reason for separation is changed to “Secretarial Authority,” and (3) separation authority is changed to MARCORSEPMAN para 6214. 
 
No further relief be granted. 
 
A copy of this report of proceedings shall 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 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.