DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 8089-18  
Date:  Ref Signature 
 
From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Subj:   REVIEW OF NAVAL RECORD OF 

Ref:    (a) 10 U.S.C. § 1552 

Encl:   (1) DD Form 149
        (2) Naval record (excerpts) 

1.  Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting upgrade to the characterization of discharge.  

2.  The Board, consisting of             reviewed Petitioner’s allegations of error and injustice on 6 November 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 his naval service records, as well as 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 (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits.

    c.  The Petitioner enlisted in the Marine Corps Reserves and completed a period of active duty for training from 23 November 1971 to 26 May 1972.  On 3 March 1973, Petitioner submitted a request for voluntary active duty.  On 24 April 1973, Petitioner began a second period of active service.  From the period beginning on 6 June 1973 to 22 April 1974, Petitioner received non­judicial punishment on three occasion for the following offenses: two specifications of unauthorized absence (UA), and one specification of failure to obey a lawful order.  On 12 December 1974, Petitioner was convicted at summary court-martial (SCM) for UA (20 August 1974 to 23 November 1974).  On 2 September 1975, the Petitioner was discharged with a general (under honorable conditions) characterization of service. 

     d.  The Petitioner’s record contained a copy of his Report of Separation from Active Duty (DD Form 214).  Due to an administrative error, Petitioner was not issued a DD Form 214 to reflect his period of active duty ending on 26 May 1972. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial favorable action.  The Board notes the DD Form 214 contains erroneous information.  As such, it may cause the Petitioner undue hardship when using the document for official reasons. 

In view of the above, the Board directs the following corrective action. 

RECOMMENDATION: 

That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) for the period of active service ending on 26 May 1972.  That Petitioner be issued a second Certificate of Release or Discharge from Active Duty (DD Form 214) for the period of active service ending on 2 September 1975.  The Board directs both DD Form 214’s to reflect appropriate information as directed by the discharge authority. 

The Board determined Petitioner’s request for upgrade to the characterization of his discharge is not warranted. 

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 October 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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 

12/10/2019