DEPARTMENT OF THE NAVY B0ARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 DocketNo: 1126-19 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 Fonn 149 1. Pursuant to the provisions of the reference, Petitioner, a former enlisted Sailor, filed the enclosure with this Board, requesting that his Certificate of Release or Discharge from Active Duty (DD Fonn 214) be changed to reflect an honorable characterization of service. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 25 July 2019 and, pursuant toils 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 Petitioner's naval service records, end applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error end injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation 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 Navy and began a period of active-duty service on 21 July 1997. On 29 May 2001, a command investigation was initiated after Petitioner reported to his second class petty officer that he had recently taken "a few puffs on a joint' and feared he would have positive results on the command urinalysis. Although his urinalysis was negative for drug use, Petitioner received nonjudicial punishment on 6 June 2001 for wrongful use of marijuana based on his admission. Subsequently, Petitioner was notified of the initiation of administrative separation processing by reason of misconduct due to drug abuse. Petitioner consulted counsel and waived his rights. Petitioner's commanding officer (CO) recommended that he be retained in the naval service. The CO's Immediate Superior In Command (ISIC), the Conunander, concurred in the recommendation to retain Petitioner. The discharge authority, however, did not concur with the recommendations, and directed that Petitioner be discharged with an other than honorable (0TH) characterization of service by reason of misconduct due to drug abuse. On 22 August 2001, he was discharged. d. Petitioner contends that he was not offered a medical evaluation, or psychiatric or drug treatment, but was just immediately discharged. He further contends that his CO strongly supported his retention based on his exemplary record and the fact his urinalysis was negative for drug use. Additionally, Petitioner contends that he has served in the U.S. Navy as a civilian network engineer for over a decade. CONCLUSION Upon review and consideration of all the evidence of record, the Board unanimously concludes that Petitioner's request warrants relief. The Board, relying upon the retention recommendation of Petitioner's CO and the , and upon his negative urinalysis, determined that Petitioner's characterization of service should be upgraded. MAJORITY RECOMMENDATION: In view of the above, the Board's majority directs the following corrective action. Petitioner be issued a new DD Form 214 indicating his characterization of service as "honorable." 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 (VA) be informed that Petitioner's application was received by the Board on 9 January 2019. MINORITY RECOMMENDATION: In view of the above, the Board's minority would direct the following corrective action. Petitioner be issued a new DD Form 214 indicating his characterization of service as "general (under honorable conditions)." 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 VA be informed that Petitioner's application was received by the Board on 9 January 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. The foregoing action of the Board is submitted for your review and action.