DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
   
Docket No. 2270-19                                                           
Ref: Signature Date 

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 with attachments 
        (2) Subject’s naval record (excerpts) 

1.  Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to upgrade his characterization of service to honorable. 

2.  The Board, consisting of                               , reviewed Petitioner’s allegations of error and injustice on 25 March 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 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 enclosure (1) 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 reenlisted in the Navy on 8 December 1994.  Although Petitioner’s administrative separation documentation, is not in his service record, based on his DD Form 214, he was discharged on 5 November 1996, with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.

     d.  Petitioner contends that his military service was exceptional and he was not given a second chance or at least put into a program to correct the issue that he was discharged for. 

CONCLUSION:
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief. In regard to Petitioner’s request for an upgrade of his characterization of service, the Board considered Petitioner’s contention, however, concluded these factors were insufficient to warrant relief.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties. 

Further, the Board determined that Petitioner’s record shall be corrected to reflect his period of honorable service.  The record shows that the Petitioner initially enlisted in the Navy on 9 December 1992 and was honorably discharged on 7 December 1994.  The DD Form 214 incorrectly reflects Petitioner’s period of service as 9 December 1992 to 5 November 1996.  The DD Form 214 incorrectly puts both periods together as one enlistment. 

In view of the foregoing, the Board finds the existence of an error and injustice warranting the following corrective action: 

RECOMMENDATION: 

Petitioner’s naval record be corrected to reflect two separate enlistments, the first enlistment from 9 December 1992 to 7 December 1994 with an honorable characterization of service and the second enlistment from 8 December 1994 to 5 November 1996 with an OTH characterization of service.  Petitioner should be issued a new DD Form 214 with correction in Block 18 Remarks, listing Petitioner’s honorable period of prior service. 

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 13 February 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. 

Sincerely, 

4/15/2020