Docket No: 7174-20
Ref: Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy   
 
Subj: REVIEW OF NAVAL RECORD OF FORMER  , USN,     XXX-XX- 
 
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 with attachments 
      (2) Case Summary   
 
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) discharge be upgraded to honorable character of service.     
 
2.  The Board, consisting of   reviewed Petitioner's allegations of error and injustice on 16 December 2020 and, pursuant to its regulations, determined that the partial 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 Navy and began a period of active duty on 15 December 1989.  On 1 June 1990, Petitioner received non-judicial punishment (NJP) for false official statement and wrongfully and willfully impersonating a Petty Officer.  On 10 May 1991, Petitioner received his second NJP for two specifications of unauthorized absence totaling 25 days and missing ship’s movement. 

Subsequently, on 16 May 1991, Petitioner was notified that he was being recommended for administrative discharge from the naval service because of misconduct due to commission of a serious offense.  Petitioner was advised of, and waived his procedural rights, to consult with and be represented by military counsel, and his right to present his case to an administrative discharge board (ADB).  Petitioner’s commanding officer recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  The separation authority directed administrative discharge from the naval service with an OTH characterization of service by reason of misconduct due to commission of a serious offense.  On 14 June 1991, Petitioner was so discharged.    
 
     d.  Petitioner states that he has always owned full responsibility for his immature actions. Petitioner contends that his narrative reason for separation was added after Captain’s Mast, which makes it appear he paid for the same offense twice. 
 
     e.  Since Petitioner’s discharge, he has earned a Bachelor of Science degree in Religion, been ordained as a pastor, and serves his community as a Reverend. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request merits partial relief, given the totality of his circumstances.  Additionally, the Board reviewed Petitioner’s application under the guidance provided in reference (b).  Specifically, the Board considered whether his application was the type that was intended to be covered by this policy.  
 
In this regard, the Board noted Petitioner’s disciplinary infractions and does not condone his misconduct, which subsequently resulted in his OTH characterization of service.  However, in light of reference (b), Petitioner’s submission of supporting documentation, and applying liberal consideration, the Board determined Petitioner’s atonement warranted clemency and concluded that the Petitioner’s discharge be upgraded to general (under honorable conditions) character of service.    
 
RECOMMENDATION: 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: 
 
That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating that on 14 June 1991, Petitioner was discharged with a General (under honorable conditions) character of service. 
 
That no further changes be made to Petitioner’s record. 
 
That 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 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.