DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD OF FORMER Ref: (a) 10 U.S.C. §1552 Encl: (1) DD Form 149 w/attacbments Docket No: 8572-17 JAN O3 2018 1. Pursuant to the provisions ofreference (a), Petitioner, a former , filed enclosure (1) with this Board requesting that his Certificate ofRelease or Discharge from .Active Duty (DD Form 214) be corrected to reflect honorable service during your first enlistment. 2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 12 December 2017 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence ofrecord. Documentary material considered by the Board consisted ofthe enclosures, relevant portions ofhis naval records, and applicable statutes, regulations, policies. 3. The Board, having reviewed all the facts ofrecord 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 ofthe Navy. b. Although enclosure (1) was not filed in a timely manner, it is in the interest ofjustice to waive the statute oflimitations and review the application on its merits. c. Petitioner enlisted in the Marine Corps and began a period ofactive duty on 20 May 1991. He reenlisted on 4 November 1994 for four years. His record is incomplete, in that it does not contain all ofthe documents pertaining to his administrative discharge. Based on his Certificate ofRelease or Discharge from Active Duty (DD Form 214), it appears that after being afforded all ofhis procedural rights, the separation authority directed separation under other than honorable (OTH) conditions by reason ofmisconduct due to drug abuse. Petitioner was discharged with an OTH characterization ofservice on 3 March 1997. CONCLUSION: Upon review and consideration ofall the evidence ofrecord, the Board concludes that Petitioner's request warrants favorable action in the form ofpartial relief The Board concludes Petitioner served honorably from 20May1991to3 November 1994. In view ofthe foregoing, the Board finds the existence ofan error warranting the following corrective action. RECOMMENDATION: Petitioner be issued a DD215, Correction to Certificate ofRelease or Discharge from Active Duty, indicating Jie served honorably from 20 May 1991to3 November 1994. A copy ofthis report ofproceedings be filed in Petitioner's naval record. Upon request, the Department ofVeterans Affairs be informed that Petitioner's application was received by the Board on 10 October 2017. 4. It is certified that quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record ofthe Board's proCeedings in the above entitled matter. 5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures ofthe Board for Correction ofNaval Records (32 Code ofFederal 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 ofreference (a), has been approved by the Board on behalfofthe Secretary ofthe Navy. Executive Director