Docket No: 7983-20
Ref:   Signature Date                                                                                                                
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW NAVAL RECORD OF FORMER , USN,            XXX-XX- 
 
 Ref:   (a) 10 U.S.C. 1552 
 
 Encl:  (1) DD Form 149 with attachments 
        (2) Case summary 
        (3) Subject's naval record  
 
 1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change to his naval record, specifically, to change his “General Under Honorable Conditions” Characterization of Service on his Certificate of Release or Discharge from Active Duty (DD Form 214).  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 Navy on 5 March 1990.  On 6 November 1990, Petitioner received non-judicial punishment (NJP) for drunken or reckless driving.  On 20 November 1992, Petitioner referred himself to the command’s alcohol/drug program due to his marijuana use.  A medical evaluation indicated that Practitioner was not drug dependent.  Subsequently, he was notified of pending administrative separation action by reason of misconduct due to commission of a serious offence. 
  
After electing to waive his rights, Petitioner’s commanding officer (CO) recommended an other than honorable (OTH) discharge by reason of misconduct due to commission of a serious offence.  The discharge authority did not concur with the CO’s recommendation and directed a general under honorable conditions discharge by reason of misconduct.  On 13 June 1993, Petitioner was discharged.  
  
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action.  The Board initially notes Petitioner’s disciplinary infractions, and does not condone his misconduct.  However, the Board concluded that clemency should be granted due to the Petitioner’s single NJP prior to discharge as well as his efforts at self-referring to the Command’s treatment program.  In this regard, the Board concludes that the record should be corrected to show he received an honorable characterization of service.  
 
 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 an honorable discharge on  
13 June 1993, vice the general under honorable conditions discharge actually issued on that day. 
 
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,