From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER XXX XX , USMC 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 characterization (OTH) of service be upgraded to general, under honorable conditions. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 10 February 2021 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 duty on 25 January 1999. On 28 July 1999, Petitioner was advised that he was suspected of a fraudulent enlistment. Petitioner was advised of his rights under Article 31b of the Uniform Code of Military Justice, and waived his right to remain silent and to consult with military counsel. Petitioner submitted a voluntary statement, and divulged that he did not released information pertaining to his drug use because he was told that if he said anything about it, he would not be allowed to enlist. He asserted that he did not saying anything and wrote what he was told. Subsequently, Petitioner was notified that he was being recommended for administrative separation by reason of defective enlistment due to fraudulent enlistment. The notification advised that if separation was approved, the least favorable description of service authorized in his case would be under OTH conditions. 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. Petitioner’s commanding officer (CO) then forwarded Petitioner’s package to the separation authority (SA) recommending administrative separation from the naval service with an OTH characterization of service by reason of defective enlistment due to fraudulent enlistment. The SA approved the discharge recommendation, and directed that Petitioner be administrative separated from the naval service with an OTH characterization of service by reason of defective enlistment due to fraudulent enlistment. On 3 September 1999, Petitioner was so discharged. d. Petitioner contends that he was discharged without any hearing or physical evidence presented to him. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request merits relief, given the totality of his circumstances. Specifically, the Board reviewed Petitioner’s application under the guidance provided in reference (b), and considered whether his application was the type that was intended to be covered by this policy. In this regard, the Board noted Petitioner’s voluntary statement in which he self-admitted he did not disclose information pertaining to his drug use, and does not condone his actions. However, in light of reference (b), applying liberal consideration, the Board concluded that the Petitioner’s discharge should be upgraded to a general (under honorable conditions) characterization 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 3 September 1999, Petitioner was discharged with a general (under honorable conditions) character of service. No further action be granted. 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. 2/24/2021 Executive Director