Docket No: 7867-20   
Ref: Signature Date  
  
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   
  
Encl:  (1) DD Form 149 (NR20200007867) 
       (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 a dismissal of his Summary Court-Martial (SCM) and his assault and disrespect charges, and an upgrade to his reentry code.   
 
2.  Although Petitioners’ application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider Petitioner’s application on its merits.  A three-member panel of the Board, sitting in executive session, considered Petitioner’s application on 21 December 2020.  The names and votes of the panel members will be furnished upon request.  Petitioner’s allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of the Board.  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. Petitioner enlisted in the Marine Corps and started a period of active duty on 19 March 2007.  On 7 December 2007, he was counselled for an unauthorized absence (UA) from physical training.  On 14 February 2008, nonjudicial punishment (NJP) was imposed on Petitioner for UA and disobeying a lawful order.  On 15 May 2008, NJP was imposed on Petitioner for disrespect to a Gunnery Sergeant and disobeying a lawful order.  On 13 November 2008, NJP was imposed on Petitioner for UA, insubordination towards a Staff Sergeant and a Corporal, and assault.  On 3 February 2009, Petitioner was convicted by a SCM of UA, willfully disobeying a noncommissioned officer (NCO), disrespect to an NCO, and failure to obey a commissioned officer.   
 
    c. Petitioner’s record was incomplete as it did not contain his administrative separation package.  Absent such evidence, the Board relied on a presumption or regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  Based on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214), on 11 April 2009, Petitioner was administratively separated with an Under Other than Honorable characterization of service.   
 
    d. The Board considered Petitioner’s request upgrade his reentry code and reviewed the available records pertaining to the allegations against Petitioner.  The Board found it meritorious to change his discharge characterization, narrative reason, and reentry code due to his contention that all his disciplinary actions resulted from alcoholism and his continued sobriety since his administrative separation.   
    
CONCLUSION: 
 
Although the Board cannot set aside a court-martial conviction, it may grant clemency in the form of changing a characterization of discharge.  Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s claim of sobriety, along with his Certificate of Completion of a 12 Lesson Alcohol and Drug course, and his characters letters, Petitioner’s request warrants partial corrective action.  Specifically, the Board concluded his characterization of service should be upgraded to General (under honorable conditions), the narrative reason be changed to Secretarial Authority, the separation code be changed to JFF1, and a change of the reentry code to “RE-1J.”  
 
In view of the above, the Board directs the following partial corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s naval record be corrected to show that, on 26 July 2019, Petitioner was issued a General (under honorable conditions) characterization of service, the narrative reason be corrected to Secretarial Authority, the separation code be changed to JFF1, and a change of the reentry code to “RE-1J.”  
 
That Petitioner be issued a DD Form 215.   
 
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 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. 
                                                                              
1/8/2021
Executive Director