DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Ref: Signature date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) USD memo of 25 Jul 18, “Guidance to Military Discharge Review Boards and Board for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” Encl: (1) DD Form 149 (NR20180004147) 1. Pursuant to reference (a), Petitioner, a former enlisted member of the Marine Corps, filed the enclosure with the Board for Correction of Naval Records (Board) requesting correction to his Certificate of Release or Discharge from Active Duty (DD Form 214), and seeking an upgrade of his characterization of service to honorable. 2. The Board, consisting of , , and reviewed Petitioner’s allegations of error and injustice on 15 April 2019, and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval service 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 the enclosure 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 15 September 1969. Petitioner was designated as a First Aerial Navigator and by the end of March 1972, was promoted to the rank of sergeant. d. In April 1972, Petitioner was activated for a three-week temporary duty assignment refueling aircraft in support of the Vietnam conflict. In December 1972, he volunteered to serve the . Once in Okinawa, Petitioner continued to fly missions in Vietnam. Petitioner was recommended for and began receiving superior performance pay. e. Petitioner states that in June 1973, he received a mailed package from a “Ringo Starr.” Petitioner contends that he was unaware of the package contained LSD until he opened it at home. Petitioner states that he later discovered the package was sent by a drug trafficking sergeant who had been discharged and had returned to the United States. Petitioner states that he intended to destroy the contents but an SP4 asked him for the package. Petitioner gave the package to the SP4, who was later arrested and informed Army CID that Petitioner provided it to him. f. Petitioner states that he was convicted by the court and sentenced to 2.5 years of forced labor. Petitioner appeared before an administrative separation board that recommended he be discharged under other than honorable conditions. On 19 February 1975, the Commanding General (CG), ( ), noted that the evidentiary standard in courts differed from U.S. standards of jurisprudence, and recommended that Petitioner receive a general (under honorable conditions) characterization of service. On 10 April 1975, in a by direction letter from the Commandant of the Marine Corps (CMC), the 1st CG’s recommendation was noted, but CMC determined that an undesirable discharge was both appropriate and consistent with the disposition of similar cases. g. Petitioner’s overall proficiency and conduct marks were 4.9/5.0 prior to his separation. h. Petitioner was discharged from the Marine Corps on 15 April 1975, and received an undesirable characterization of service and a reentry (RE) code of RE-4. i. Petitioner requests an upgrade to his discharge characterization and provides a brief with exhibits in support of his application. Petitioner notes his laudable service prior to the incident, the standard in court for Petitioner to prove his credibility and innocence rather than Petitioner having the benefit of the presumption of innocence, the circumstances of the transfer of the LSD, and Petitioner’s noteworthy post-service conduct and achievements. j. The Board, in its review of Petitioner’s entire record and application, carefully weighed all potentially mitigating factors, such as the Petitioner’s outstanding conduct prior to the incident (as evidenced by the information in his service record), including Petitioner’s service in support of operations in , his high proficiency and conduct marks, and his rapid promotion to the rank of sergeant. The Board also noted the evidentiary standard in court, and Petitioner’s chain of command’s recommendation for a general characterization of service. The Board also noted Petitioner’s post-service accomplishments and contributions. CONCLUSION: The Board found Petitioner’s brief and supporting exhibits persuasive and determined that Petitioner is entitled to relief to correct an injustice. The Board determined that Petitioner is entitled to an upgrade from undesirable to honorable, and that no further corrective action is warranted. In view of the above, the Board directs the following corrective action. RECOMMENDATION: That Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty to show he was discharged with an honorable characterization of service. That Petitioner be issued an honorable discharge certificate. That a copy of this report of proceedings be filed in Petitioner’s naval record. That, upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 3 July 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 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. Sincerely,