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

Docket No: 10852-19  
Ref: Signature date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref:     (a) 10 U.S.C. §1552 

Encl:    (1) DD Form 149 
         (2) Subject's naval record (excerpts)  
        
1.  Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting that his record reflect his honorable service for the period 18 October 1994 to  6 March 2003.  

2.  The Board, consisting of            reviewed Petitioner's allegations of error and injustice 12 February 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 enclosures, relevant portions of his naval records, 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.  Petitioner initially enlisted in the Marine Corps and began a period of active service on    24 November 1994.  On 7 March 2003, Petitioner reenlisted after over eight years of honorable service.  On 24 February 2005, he was referred to special court-martial for a period of unauthorized absence.  On 31 March 2005, he consulted with counsel and requested an administrative separation in lieu of trial.  Petitioner’s request was granted and on 13 April 2005, he was discharged with an under other than honorable conditions character of service. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief.  The Board determined that an administrative error was made on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214) by not indicating his honorable service for the period 24 November 1994 to 6 March 2003.   

In view of the foregoing, the Board finds the existence of an injustice warranting the following relief. 

RECOMMENDATION 

Petitioner be issued a DD Form 215 indicating the block 18 Remark: Continuous honorable service during the period from 24 November 1994 to 6 March 2003. 

That no further changes be made to Petitioner’s record. 

A copy of this Report of Proceedings 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 19 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 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. 


5/26/2020