Docket No: 7792-20
Ref: Signature Date                                                              

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW NAVAL RECORD OF FORMER  , USMC,             XXX-XX 
 
Ref:  (a) 10 U.S.C. 1552 
      (b) USD 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 
       (3) Subject's naval record (excerpts) 
 
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 a change to his naval record, specifically, to upgrade his “Other Than Honorable (OTH)” Characterization of Service on his Certificate of Release or Discharge from Active Duty (DD Form 214) to “Honorable.”  Enclosures (1) through (3) apply.  
 
2.  The Board consisting of  , reviewed Petitioner’s allegations of error and injustice on 3 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 waive the statute limitation and review the application on its merits. 
 
    c.  Petitioner enlisted in the Marine Corps on 11 August 1978.  During the period from 6 February 1979 to 20 December 1979, Petitioner received non-judicial punishment (NJP) on three separate occasion.  The offenses included, two specifications of unauthorized absence (UA) totaling 10 days, and possession of marijuana.  On 14 February 1980, civil authorities convicted Petitioner of receiving stolen property.  On 29 July 1981, a summary court-martial (SCM) convicted Petitioner of two specifications of using disrespectful in language to a commission officer, disobeying a lawful order, and wrongful possession of marijuana.  Due to the confinement adjudged at the SCM and two periods of UA, his end of active obligated service was adjusted to 13 September 1981.   
 
   d.  On 13 September 1981, Petitioner was discharged with an OTH characterization of service at the end of his adjusted obligated service and transferred to the Marine Corps Reserve.     
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial favorable action.  The Board initially notes Petitioner’s disciplinary infractions, and does not condone his misconduct.  However, the Board concluded that an error occurred when Petitioner was discharged with an OTH.  An OTH is only authorized as a result of proper administrative separation processing.  A thorough review of Petitioner’s record failed to reveal any administrative separation processing, and it appears that the command discharged him at the end of his adjusted active service obligation.  In this regard, and based on Petitioner’s conduct average of 2.8 at the end of his active service,  the Board concludes that the record should be corrected to show he received a general under honorable conditions characterization of service at the end of his adjusted active service obligation. 
 
In view of the foregoing, the Board finds in favor of clemency warranting the following corrective action: 
 
RECOMMENDATION: 
 
That Petitioner’s naval record is corrected to show that he was issued a general under honorable conditions characterization of service on 13 September 1981. 
 
That Petitioner is issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). 
 
That no further changes be made to the 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 Regulation, 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. 
 
Sincerely,