DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8685-17 APR 05 2019 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER USN, XXX-XX- Ref: (a) 10 U.S.C. §1552 Encl: (1) DD Form 149 (2) Case Summary (3) Subject's naval record (excerpts) 1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member of the Navy, filed enclosure ( 1) with this Board requesting that his characterization of service be changed to honorable. Enclosures (1) through (3) apply. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 14 December 2018 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 of the enclosures, relevant portions of Petitioner's naval records, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error a1d 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 of limitations and review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty on 17 November 1992, On 7 June 1993, he self-referred himself to a Drug and Alcohol Program Advisor (DAPA) for drug (marijuana) and alcohol abuse. d. On 22 June 1993, Petitioner stated that he believed he was able to conquer his addiction during his rehabilitation prior to his service in 1991. A medical officer recommended a second attempt at rehabilitation prior to Petitioner's separation. e. On 8 July 1993, Petitioner received nonjudicial punishment (NJP) for one day of unauthorized absence. f. On 12 July 1993, Petitioner was notified of administrative separation processing by reason of misconduct due to drug abuse. He did not consult with counsel and waived his right to submit a statement on his behalf. On 18 July 1993, Petitioner's commanding officer (CO) recommended a character of service as warranted by his service record. g. On 3 August 1993, Petitioner's CO forwarded administrative discharge documents to the Chief of Naval Personnel (CNP) indicating that the Petitioner would complete rehabilitation on 20 August 1993 and be separated with an honorable characterization of service. The same day, Petitioner received a Certificate of Release or Discharge from Active Duty (DD Form 214) indicating a general (under honorable conditions) character of service. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that Petitioner's request warrants favorable action. In this regard, the Board considered Petitioner's overall record of military service, including his one NJP for a relatively minor offense. However, the Board notes that the discharge authority directed that Petitioner be separated by reason of Convenience of the Government due to drug abuse, with a characterization as warranted by his service record. The forwarding letter to CNP stated Petitioner would be separated with an honorable discharge after the completion of treatment. Accordingly; the general under honorable conditions discharge was erroneous, and should be changed to honorable. Additionally, the Board felt that Petitioner's narrative reason, separation code, and separation authority should be changed on a clemency basis, but the reentry code should remain unchanged. In view of the above, the Board directs the following corrective action. RECOMMENDATION: Petitioner be issued a new DD Form 214 to,indicate an honorable character of service, MILPERSMAN 3630900 separation authority, JFF separation code, and secretarial authority narrative reason for separation. That no further changes be made to Petitioner' s record. A copy of this report of proceedings be filed in Petitioner's naval record. Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 18 October 2017. 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. Executive Director