DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
      
Docket No: 8235-18 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   , 
 
Ref:   (a) 10 U.S.C. § 1552 
 
Encl:  (1) DD Form 149 with attachments 
 
1.  Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Marine Corps, filed the enclosure with the Board for Correction of Naval Records (Board) requesting that his Certificate of Release or Discharge from Active Duty (DD Form 214) be changed to reflect an honorable character of service and to receive pay for days that were accrued, a total of 44.5 days. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 30 October 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 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 waive the statute limitation and review the application on its merits. 
 
     c.  Petitioner enlisted in the Marine Corps and began a period of active duty on 26 June 1976.  During the period from 1 August 1977 to 4 March 1980, Petitioner received three non-judicial punishments (NJP) for an unauthorized absence, failure to obey a lawful order, disobeying a lawful order, and disrespect in deportment.  On 22 April 1980, Petitioner was convicted by summary court-martial (SCM) of three specifications of disrespect and wrongful possession of marijuana.  On 28 May 1980, Petitioner received his fourth NJP for quitting his post without being properly relieved.  Petitioner remained on active duty until he was honorably discharged upon completion of his required active service on 13 June 1980. 
 
     d.  Petitioner contends his discharge was not upgraded to honorable status.  He did not receive his honorable discharge certificate.  He also was not paid for days accrued. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief.  The Board noted Petitioner’s DD Form 214 reflect in Block 18 “Not a Final Discharge,” this annotation is given to Marines who are released or separated from active duty for training.  The Board determined that Petitioner was discharged from active duty service in accordance with MARCORSEPMAN 6012.6. In this regard, the Board concluded, “Not a Final Discharge” should not be annotated within Petitioner’s DD Form 214. 
 
Insufficient evidence was received by the Board to determine that Petitioner was owed for days accrued.  Applying the presumption of regularity, absent substantial evidence to the contrary, the Board presumed public officers properly discharged their official duties. 
 
In view of the foregoing, the Board finds the existence of an error and injustice warranting the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s naval record be corrected by removing from Block 18 of the DD Form 214 “Not a Final Discharge.” 
 
That a copy of this Record 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 5 September 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.