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 
     
Encl:  (1) DD Form 149 with attachments 
    (2) Case summary 
       
1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted Sailor, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting an upgrade to his characterization of service and correction of his misspelled address in block 7b of his Certificate of Release or Discharge from Active Duty (DD Form 214). 
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 23 October 2020, and, pursuant to its regulations, determined the corrective action indicated 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 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 Navy on 24 October 2001.  On 14 February 2002, he received nonjudicial punishment (NJP) for wrongfully consuming alcohol under the age of 21.  On 28 February 2002, Petitioner received a second NJP for failure to obey a lawful order or regulation.  On 6 May 2002, he was convicted by summary court-martial (SCM) for wrongful use of marijuana.  Subsequently, Petitioner was notified of pending administrative separation action by reason of misconduct due to drug abuse, commission of a serious offense, and pattern of misconduct.  On 2 July 2002, he was convicted by SCM for three specifications of underage drinking, having an unauthorized guest in his enlisted quarters, assault of two service members, and incapacitation for duty.  On 16 July 2002, after Petitioner waived his procedural rights, his Commanding Officer (CO) recommended administrative separation by reason of misconduct due to drug abuse, commission of a serious offense, and pattern of misconduct with an other than honorable (OTH) characterization of service.  The discharge authority concurred with the CO and directed Petitioner be discharged with an OTH characterization of service by reason of misconduct due to pattern of misconduct.  He was discharged on 23 August 2002.  Petitioner was issued a DD Form 214 with block 7b stating his home of record as “.”   
 
     d.  Petitioner contends he has learned from his errors, “advocates naval values,” and is “now responsible and accountable.”  He further contends the city is misspelled in block 7b.   
 
CONCLUSION:  
 
Upon review and consideration of all the evidence of record, the Board determined Petitioner’s request warrants partial relief.    
 
The Board carefully reviewed the application, weighed all potentially mitigating factors, and considered Petitioner’s contention that he has learned from his errors.  The Board noted Petitioner did not provide advocacy letters or post-discharge documentation supporting his request for an upgraded characterization of service.  Unfortunately, even under the liberal consideration standard, the Board did not find evidence of an error or injustice that warrants upgrading Petitioner’s characterization of service or sufficient evidence to warrant clemency.   
 
However, the Board concluded the city in block 7b was incorrectly spelled as “” on Petitioner’s DD Form 214.   
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a correction to his DD Form 214 correcting the spelling in block 7b from “” to “.”     
 
No further changes be made to Petitioner’s record. 
 
A copy of this report of proceedings be filed in Petitioner’s naval record. 
 
Upon request, the VA be informed that Petitioner’s application was received by the Board on 15 September 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 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.