From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:    
  
Ref:    (a) 10 U.S.C. § 1552 
        (b) MARCORSEPMAN 1900.16 
 
Encl:   (1)  DD Form 149 
 
1.  Pursuant to the provisions of the reference, Petitioner, filed the enclosure with the Board for Correction of Naval Records (Board) requesting that his discharge be changed to General (Under Honorable Conditions) on his Certificate of Release of Discharge from Active Duty (DD Form 214).  He is requesting clemency and hopes to upgrade his discharge to honorable one day. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 7 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 enclosure, relevant portions of his 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.  Petitioner enlisted in the Marine Corps and began a period of active service on 28 April 1997.  On 23 September 1998, he was counseled for throwing alcohol containers on the roof of the barracks while under the influence of alcohol.  On 29 June 1999, he was found guilty at a Summary Court-Martial of disrespect to petty officer, assault on a master-at-arms, communicating a threat to a master-at-arms, and drunk and disorderly conduct.  On 2 December 1999, Petitioner received non-judicial punishment (NJP) for driving under the influence of alcohol.  On 16 March 2000, he received NJP for soliciting an underage Marine to drink alcohol.  On 8 March 2000, he failed alcohol rehabilitation treatment.  He was ordered to abstain from alcohol for one year, but was found drinking at a party and soliciting a minor to drink.  On 22 May 2000, his commanding officer notified of him of an administrative action to separate him from the naval service and recommended he be separated with a general characterization of service.  The notice stated the least favorable discharge he could receive was general, but the separation authority would determine the characterization.  On 30 May 2000, Commanding Officer, , non-concurred and recommended Petitioner be separated with an under other than honorable (OTH) characterization of service.  On 12 June 2000, the separation authority approved the discharge with an OTH characterization of service.  On 19 June 2000, the Petitioner was so separated.  At no time was he notified of his right to an administrative board before separation with an OTH discharge. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief.  The Board found error in the command not re-notifying the Petitioner after the command decided to separate him with an under other than honorable characterization of service.  The original letter of notification only advised the Petitioner that he could receive a general discharge and he was never notified he was entitled to request an administrative board. 
 
RECOMMENDATION 
 
In view of the foregoing, the Board finds the existence of an error warranting the following corrective action: 
 
That Petitioner’s naval record be corrected to show that he received a General (Under Honorable Conditions) discharge from the Marine Corps on 19 June 2000 with a RE-4 reentry code. 
 
That Petitioner be issued a new DD Form 214.   
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
No further action be granted. 
 
Upon request, the Department of Veterans Affairs is informed that Petitioner’s application was received by the Board on 3 December 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.