Docket No: 8214-20 
Ref: Signature Date  
 
From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW NAVAL RECORD OF   
           
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 correct the record to show his honorable served from 10 July 1997 to 14 January 2002 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 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, 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 10 July 1997.  On 15 January 2002, Petitioner reenlisted in the Navy for five years.  On 13 June 2002, Petitioner received non-judicial punishment (NJP) for wrongful use of marijuana.  As a result, he received an other than honorable (OTH) on 2 July 2002.   
 
    d.  At the time of his discharge from active duty, he was issued a DD Form 214 which failed to display his honorable period of service from 10 July 1997 to 14 January 2002 in item 18 on his DD Form 214. 
  
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action.  The Board notes Petitioner’s naval records supports his request, and as such, his record school be corrected to reflect his honorable period of service from “10 July 1997 to 14 January 2002” in item 18 on his DD Form 214.  In accordance with the foregoing, the Board concluded that the record should be corrected by the issuance of a Correction to Certificate of Release or Discharge from Active Duty  (DD Form 215), and the Petitioner be issued the same.   
 
 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 reflect that he has an honorable period of service from “10 July 1997 to 14 January 2002” in item 18 on his DD Form 214. 
 
That Petitioner is issued a DD Form 215. 
 
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,