Docket No 4045-21


From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy   
 
Subj: REVIEW OF NAVAL RECORD OF FORMER ,   
 
 
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 general (under honorable conditions) discharge be upgraded to honorable character of service.     
 
2.  The Board, consisting of , ,  reviewed Petitioner's allegations of error and injustice on 4 August 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 reference (b).     
 
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 Marine Corps and began a period of active duty on 8 March 1979. 
 
     d.  On 9 July 1981, Petitioner received non-judicial punishment (NJP) for an unauthorized absence totaling 27 days.   
 
     e.  On 15 August 1982, Petitioner was convicted by special court-martial (SPCM) of an unauthorized absence totaling 34 days.   

     f.  On 13 October 1982, at the expiration of Petitioner’s active service, he was issued a Certificate of Release or Discharge from Active Duty (DD Form 214) that annotated his characterization of service as general (under honorable conditions).  
  
     g.  Petitioner contends that he was in personal duress; he was having strong martial difficulties.  Upon his return to his unit, he received a court-martial, he had a new baby boy, and was approaching his end of active service; at the advice of his Platoon Leader, he opted to go home to raise his new baby rather than extend another six months to get his full honorable discharge.  Additionally, Petitioner further states:  
 
          1) Since his discharge from the Marine Corps, he has lived an honorable life and has been a good ambassador of the Marine Corps;   
 
          2) His philanthropic work throughout his entire life has been a credit to him being a Marine; He has worked with homeless people and under privileged children of  in various capacities; and  
 
         3) As recent as 2018, he joined a new search and rescue unit with the   His aggressive training into this all-volunteer endeavor was fueled by his passion to serve.  
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request merits relief. 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.  
 
The Board, applying liberal consideration and the factors outlined in reference (b), noted Petitioner’s misconduct and does not condone his misconduct.  However, the Board noted Petitioner’s atonement, post service accomplishments, and concluded that no useful purpose is served by continuing to characterize Petitioner’s service as general (under honorable conditions) and re-characterization to an honorable character of service on clemency grounds is appropriate at this time.   
 
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 13 October 1982, Petitioner’s characterization of service was honorable. 
 
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. 
 
							 8/28/2021
							 Executive Director