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 (b) SECDEF 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 w/attachments (2) Selections of Petitioner’s Official Military Personnel File 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 discharge characterization 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, and reference (b), 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 member’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. As set forth in enclosure (2), the Petitioner enlisted in the Marine Corps and began a period of active duty on 8 January 1998. c. In May 2000, the Petitioner received a conviction in civil court for driving under the influence of alcohol. On 16 August 2000, the Petitioner was convicted by a summary court-martial for use of methamphetamines. On 21 August 2000, the Petitioner was notified of the initiation of administrative separation process, and his rights in connection therewith. The Petitioner waived his right to an administrative discharge board, and his commanding officer recommended his discharge with an other than honorable (OTH) characterization of service. On 10 October 2000, the Petitioner’s Commanding General recommended Petitioner’s discharge with an OTH of service to the Commandant of the Marine Corps, enclosing the review of his staff judge advocate, who opined the discharge was correct in both fact and law. On 7 November 2000, the Petitioner was discharged with an OTH characterization of service. d. Petitioner contends that his OTH characterization of service should be upgraded as a form of clemency, to a general (under honorable conditions) based on his post-service accomplishments. Petitioner explained that he had a serious drug problem, which continued following his discharge from the Marine Corps. He was eventually convicted for possession of methamphetamine, possession of stolen property, grand theft and forgery, with his final conviction on December 20, 2002. Petitioner further explained that all of his problems were drug and alcohol related and he eventually received meaningful drug and alcohol counseling, Petitioner contends that he has changed his life around. He is now active in his church and feels that he finally has a higher purpose in life. He is married with two children. He is a college graduate, having graduated with honors from University, and he is currently completing prerequisites in order to apply for a master’s program. e. Petitioner noted that he was issued a Certificate of Rehabilitation under Penal Code Section 4852 by a Judge in County on March 6, 2020. He enclosed this with his petition, at enclosure (1). According to the Petitioner, the effect of such a Certificate is that his case has been forwarded to the Governor of , for a possible full pardon. There has currently been no action (positive or negative) on his pardon, due to the current pandemic. Petitioner provided documentary evidence supporting the claims that he made in his petition. CONCLUSION Upon review and consideration of all the evidence of record, and especially in view of reference (b), the Board determined that, with respect to the specific relief that Petitioner requested, the Board determined that relief in the form of clemency is appropriate. The Board noted that it does appear that all of Petitioner’s problems in the Marine Corps stemmed from alcohol and drug usage. His performance marks before his substance abuse issues arose were above 4.0 in proficiency and conduct. The Petitioner has made great strides in his life, including facing his addiction challenges, admitting his failings, and moving forward with obtaining a college degree and improving his life. Accordingly, the Board voted unanimously to upgrade his discharge characterization to general (under honorable conditions). Based on a careful review of all of the facts presented, the Board concludes that Petitioner is entitled to relief as follows. RECOMMENDATION In view of the above, the Board directs the following corrective action: Petitioner be issued a new DD Form 214 indicating that his discharge at separation was General (Under Honorable Conditions); and 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.