From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:    REVIEW OF NAVAL RECORD  
             
 
Ref: (a) 10 U.S.C. § 1552 
     (b) USECDEF memo, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” of 25 July 2018. 
 
Encl: (1) DD Form 149 
  
1.  Pursuant to the provisions of reference (a), Petitioner, a former member of the Marine Corps,  filed the enclosure with this Board, requesting that his general characterization of service be upgraded. 
 
2.  The Board, consisting of    , reviewed the subject former member’s allegations of error and injustice on 15 July 2020, 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 enclosure, relevant portions of the subject former member’s naval records, and applicable statutes, regulations, and policies. 
 
3.  The Board determined that a personal appearance with or without counsel would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered the subject former member’s case based on the evidence of record. 
 
4.  The Board, having reviewed all the facts of record pertaining to the subject former member’s allegations of error and injustice, finds as follows: 
 
     a.  Before applying to this Board, the Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
      b.  The Petitioner enlisted in the Marine Corps and began a period of active duty on 12 February 1991.   
 
   c.  The Petitioner received nonjudicial punishment on 20 January 1995 for using methamphetamine.  After an administrative discharge board reviewed his case, he was discharged on 11 February 1995, with an other than honorable characterization of service. 
 
    d.  Petitioner had acknowledged his wrongdoing, and, has asserted that since his discharge he has been an upstanding citizen.  He is the father of two sons, and he has asked that the Board apply a measure of leniency to allow him to upgrade one level, to a general discharge. 
 
    e.  After careful consideration of his entire records, as well as review of reference (b), the Board determined that relief was warranted. 
  
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  Specifically, the Board found that Petitioner’s discharge should be upgraded based on the concepts of equity and clemency. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner’s naval record be corrected by issuing him a new DD Form 214 reflecting that his characterization of his service at his discharge from the Marine Corps was general (under honorable conditions), and issuing him a certificate of discharge reflecting a general (under honorable conditions) service, and that no further action be granted. 
 
A copy of this report of proceedings shall be filed in Petitioner’s naval record. 
 
That upon request, the Department of Veterans Affairs is informed that Petitioner’s application was received by the Board on 4 November 2019. 
 
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.