Docket No: 7618-20
           6437-07
Ref: Signature Date   
                                                                                                        
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF FORMER MEMBER ,       USMC, 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 
 
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 characterization of service be upgraded. 
 
2.  The Board consisting of  reviewed Petitioner’s allegations of error and injustice on 31 March 2021 and pursuant to its regulations, determined 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) (reference (b)).   
 
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 entered a period of active duty in the Marine Corps on 21 March 1972.  On 5 February 1973 three Marines who were the subject of a narcotics investigation implicated Petitioner in the use and sale of marijuana.  On 6 February 1973 Petitioner was questioned by the Naval Investigative Service, waived his right to counsel, and denied involvement.  He granted a permissive search and seizure authorization that revealed two partially smoked cigarettes in his locker that subsequently field tested positive for marijuana.  On 1 June 1973 Petitioner was notified of administrative separation processing by reason of unfitness for drug abuse, and his commanding officer (CO) recommended he receive a General (Under Honorable Conditions) characterization of service.  On 10 June 1973 Petitioner waived his procedural right to counsel and an administrative board.  On 13 June 1973 Petitioner’s CO recommended to the Commandant of the Marine Corps (CMC) that Petitioner be discharged with a General characterization of service and recorded a counseling entry with this recommendation in Petitioner’s service record book.  Shortly thereafter, Headquarters Marine Corps did not concur with the CO’s recommendation and instead, recommended Petitioner’s discharge with an Undesirable Discharge.  On 26 July 1973 Petitioner was discharged with an Other Than Honorable characterization of service. 
 
     d. Petitioner contends he did not have a trial or hearing in 1973 and was told he would be discharged with a General characterization of service. 
 
     e. Petitioner was denied relief by the Naval Discharge Review Board (NDRB) on 4 June 1974. 
 
     f. Petitioner applied to the NDRB again and on 4 February 1983 and made a personal appearance.  Petitioner testified under oath at this proceeding and admitted to contributing $50 toward food, alcohol, and marijuana for a party but denied selling marijuana.  The NDRB denied relief. 
 
     g. Petitioner applied to this Board on in 2007 and contended he was young and not afforded legal advice.  He was denied relief. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief.  The Board reviewed the application under the guidance provided in reference (b).  
 
In its deliberations, the Board noted Petitioner had no additional misconduct in his record.  The Board further noted Petitioner waived his procedural rights after he was notified by his CO that he was recommending that Petitioner receive a General characterization of service; however, HQMC non-concurred thereafter.  Applying the provisions of reference (c) and in the interest of justice, the Board determined Petitioner’s request to upgrade his characterization of service should be granted. 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating his characterization of service as “General (Under Honorable Conditions).”  
 
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.