Docket No:7977-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER , USN, 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 (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 that his other than honorable (OTH) discharge be upgraded to honorable character of service. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 6 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 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 enlisted in the Navy and began a period of active duty on 26 April 1982. On 2 July 1984, Petitioner received non-judicial punishment (NJP) for three specifications of absence from his appointed place of duty. On 3 October 1984, Petitioner received his second NJP for wrongful use of marijuana. Subsequently, on 5 October 1984, Petitioner was notified that he was being recommended for administrative discharge from the naval service because of misconduct due to drug abuse. Petitioner was advised of, and waived his procedural rights, to consult with and be represented by military counsel, and his right to present his case to an administrative discharge board (ADB). Petitioner’s commanding officer recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service. The separation authority directed administrative discharge from the naval service with an OTH characterization of service by reason of misconduct due to drug abuse. On 29 November 1984, Petitioner was so discharged. d. Petitioner states that he made one small mistake as a young man. At the time, his mother was dying from cancer, he was away from home with no support and tried smoking marijuana. He was immature and made a bad (one-time) choice that he has always regretted. He loved his service with the Navy, received a medal, and many ribbons during his service while aboard the . He is proud to be a Veteran. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request merits relief, given the totality of his circumstances. Additionally, the Board reviewed Petitioner’s application under the guidance provided in reference (b). Specifically, the Board considered whether his application was the type that was intended to be covered by this policy. In this regard, the Board noted Petitioner’s disciplinary infractions and does not condone his misconduct, which subsequently resulted in his OTH characterization of service. However, in light of reference (b) and applying liberal consideration, the Board determined Petitioner’s atonement warranted clemency and concluded that the Petitioner’s discharge be upgraded to honorable character of service. RECOMMENDATION: In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating that on 29 November 1984, Petitioner was discharged with an Honorable character of service. Petitioner’s separation authority was “MILPERSMAN 1910-164.” Petitioner’s separation code be changed to read “JFF.” Petitioner’s narrative reason for separation was “Secretarial Authority.” Petitioner’s reenlistment code be changed to read “RE-1.” No further action be granted. That no further changes be made to Petitioner’s record. 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.