Docket No: 7425-20
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF FORMER  USMC,              XXX-XX
 
Ref:  (a) 10 U.S.C. §1552 
      (b) SECDEF memo of 25 Jul 2018 “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 naval record be corrected by upgrading his characterization of service from other than honorable to a higher level characterization. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 25 January 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 the 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.  The Petitioner enlisted in the Marine Corps and began a period of active duty on 12 March 2001.   
 
     c.  Petitioner received a positive urinalysis for cocaine in January 2004.  There was a delay in reporting the urinalysis, and Petitioner was convicted by a summary court-martial on 1 July 2004 for use of cocaine.  On 3 December 2004, Petitioner was notified that he was being processed for administrative separation.  He waived his right to an administrative board and he was discharged on 12 January 2005, with an other than honorable characterization of service.   
 
     d.  Petitioner contends that he was never given proper representation, and there were many inconsistencies, concerning the treatment of his case while on active duty.  He states he had been deployed for over eight months while a Marine.  He further states that, after discharge, he has been a model citizen and a family man.  He submitted several letters of support concerning his post-service accomplishments.  In particular, Petitioner acts as a veteran mentor for the  Department of Military and Veterans Affairs.  In connection therewith, he often volunteers at a homeless shelter to assist and educate homeless veterans.  He is also very highly regarded by his civilian employer, who credited Petitioner’s great character and professionalism over a sustained number of years.  Petitioner’s average marks in his grade for proficiency and conduct were 4.7/4.6. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and in view of reference (b), the Board determed that granting of clemency is appropriate in this case, based significantly on Petitioner’s post-service accomplishments.  Specifically, the Board found that the Petitioner’s DD Form 214 should be changed to reflect that his characterization of service at discharge was general (under honorable conditions). 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a new DD Form 214 indicating that the characterization of his service was “general (under honorable conditions).” 
 
That no further changes be made to Petitioner’s record. 
 
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.