Docket No. 4110-19 
Ref: Signature Date 

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) UNSECDEF memorandum, “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 with attachments 
        (2) Subject’s naval record (excerpts) 
 
1.  Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Marine Corps, 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 29 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 enclosures, relevant portions of Petitioner’s naval records, and applicable statutes, regulations, and policies. 
 
3.  Regarding Petitioner’s request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered the case based on the evidence of record. 
 
4.  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 of limitations and review the application on its merits. 
 
     c.  Petitioner enlisted in the Marine Corps on 13 November 1989.  During Petitioner’s service in the Marine Corps, he served in .  Subsequently, he had been counseled on exercising sound personal financial prudence.  Nevertheless, he later received nonjudicial punishment for uttering worthless checks on four occasions and failing to pay a just debt on two occasions.  Thereafter, he was provided notification of the commencement of administrative separation processing, and he waived his right to an administrative discharge board.  He was discharged on 28 February 1992, with an other than honorable (OTH) characterization of service by reason of misconduct due to a pattern of misconduct. 
 
     d.  Petitioner contends that he did not understand why he received this type of discharge because he was a young and naïve Marine.  He also states that he enlisted in the Army National Guard and received an honorable discharge. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, and in light of the guidance on exercising clemency when warranted set forth at reference (b), the Board concluded that Petitioner’s request warrants a measure of clemency in the form of partial relief.  In regard to Petitioner’s request for an upgrade of his characterization of service, the Board determined that upgrading Petitioner’s discharge characterization to general (under honorable conditions) is warranted under the circumstances, considering the relative gravity of the offense for which he was discharged in counterbalance to his youth and inexperience, his service in  , as well Petitioner’s post-service experience in the Army National Guard. 
 
RECOMMENDATION: 
 
Petitioner’s naval record be corrected, and that he receive a new DD Form 214, which reflects his discharge characterization as General (Under Honorable Conditions) as opposed to Under Other Than Honorable Conditions. 
 
That any prior DD Forms 214 be permanently removed from Petitioner’s record. 
 
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 12 April 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.