Docket No: 4721-21 
                                                                                                                         
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO 
            
 
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 his naval record be corrected to reflect a general, under honorable conditions, characterization of service. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 13 August 202, and pursuant to its regulations, determined 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 on 11 January 1996.  On 11 November 1996, he received nonjudicial punishment (NJP) for drunk and disorderly conduct.  On 22 November 1996, Petitioner received a second NJP for substance abuse.   
 
 d.  Petitioner’s record is incomplete in that it does not contain all the documents pertaining to his administrative discharge, but based on his Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that after being afforded all of his procedural rights, the discharge authority directed discharge with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  Petitioner was discharged on 6 December 1996. 
 
 e.  Petitioner contends that he was not afforded rehabilitation after his underage drinking incident and testing positive for marijuana.  He further contends he has turned his life around, desires to be a role model for his children, and is “trying and succeeding in becoming a model citizen.”   
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief.   
 
The Board, applying liberal consideration and the Wilkie memo factors, determined an underage drinking incident and a single incident of drug use would currently not merit an OTH characterization and concluded there was sufficient evidence warranting an upgrade to Petitioner’s discharge characterization.   
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a new DD Form 214 changing the characterization of service to “general, under honorable conditions.”   
 
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. 
 
 
9/1/2021
Executive Director