DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 SJN Docket No: L659I 8 JUN 1 5 201U From: To: Chairman, Board for Correction of Secretary ofthe avy aval Records Subj: REVIEW OF NAVAL RECORD OF FORMER 5 U.S.C.552(b)(6) 5 U.S.C. 552(b)(6) Ref: (a) I 0 U.S.C. § 1552 Encl: ( 1) DD Form 149 w/enls (2) Subject's naval record (excerpts) 1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member of the Navy, filed enclosure ( l) with this Board requesting that his characterization ofservice be upgraded to honorable. Enclosures ( l) and (2) apply. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 19 March 2018 and, pursuant to its regulations, determined 5 U.S.C. 552(b)(6) that the partial corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted ofthe 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 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 ( I) was not filed in a timely manner, it is in the interest ofjustice to waive the statute of limitations and review the application on its merits. c. The panel found Petitioner enlisted in the Navy and began a period of active duty on 8 September 1993. On 10 September 1993, he was briefed on the Navy's policy on drug and alcohol abuse. On 24 March 1994, he received nonjudicial punishment (NJP) for wrongful possession of an unauthorized identification card. On 1 September 1997, Petitioner reenlisted in the Navy for five years. On 25 April 2000, was administered a consent urinalysis after a period ofunauthorized absence (UA), which tested positive for cocaine use. On 26 May 2000, he began a period of UA that lasted 31 days, ending on 26 June 2000. Subsequently, administrative discharge action was initiated and it was recommended that he receive an other than honorable (OTH) discharge by reason of misconduct due to drug abuse. After being afforded all of his procedural rights, on 24 July 2000. his commanding officer forwarded his case recommending he recei\·ed an OTH discharge. He stated, in part. that Petitioner tested positive for cocaine use and before administrati\·e processing could begin, he went UA. On 26 July 2000, the separation autho1ity directed that he receive and OTH discharge. Petitioner was discharged on I August 2000. CONCLUSION Upon review consideration of all the evidence of record the Board concludes that Petitioner's request warrants partial favorable action. In this regard, the Board notes that on I September 1997, he reenlisted for five years. The Board finds an error in block # 18 of his DD 214, in that it does not contain an entry relating to the fact that his service from 8 September 1993 to 30 August 1997, \vas considered to be honorable. In regards to Petitioner's request to have his characterization of service upgrade to honorable, the Board is unwilling to grant such a request given his misconduct involving the wrongful use ofcocaine, and the fact that he was briefed on the Navy's policy regarding drug and alcohol abuse. ln Yiew of the foregoing. the Board recommends the following partial corrective action: RECOMMENDATION: Petitioner's naval record be corrected to show that in Block # 18 ofhis DD 214, he served honorably from 8 September 1993 to 30 August l 997. Petitioner be issued a DD Form 215, Correction to DD Form 214 Certificate of Release or Discharge from Active Duty. o further action be granted. A copy of this report ofproceedings 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 13 March 2018. 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 ofthe Boar:·r,phe above entitled matter. Recorder 5 U.S.C. 552(b)(6) 5. Pursuant to the delegation of authority set out in Section 6(e) ofthe revised Procedures of the Board for Correction ofNaval Records (32 Code ofFederal Regulation, Section 723.6(e)) and ha\·ing 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 lavy. Executive Director 3