Docket No. 4212-19  
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 with attachments 
      (2) Subject's naval record 

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 characterization of service be changed from general (under honorable conditions) to honorable. 

2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 11 June 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 of limitations and review the application on its merits. 

c.  Petitioner enlisted in the Marine Corps and began a period of active duty on 31 May 1977.  On 29 June 1977, Petitioner’s commanding officer (CO) recommended administrative discharge from the naval service for unsuitability due to a character and behavior disorder.  Petitioner acknowledged and understood that he was recommended for administrative discharge from the naval service and elected not to make a statement concerning his administrative discharge.  On 1 July 1977, an aptitude board was convened and concluded the Petitioner’s general qualifications do not warrant retention in the service and recommended administrative discharge from the naval service with a general (under honorable conditions) characterization of service by reason of unsuitability.  The discharge authority approved the recommendation and directed administrative discharge from the naval service with a general (under honorable conditions) characterization of service by reason of unsuitability – character and behavior disorder.  On 6 July 1977, Petitioner was discharged. 

d.  Petitioner contends that the type of discharge he received is unjust.  

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief.  

The Board considered Petitioner’s diagnosed medical condition and concluded that as a matter of clemency, the record should reflect that he was discharged with an honorable characterization of service vice receiving a general (under honorable conditions).  Based on the foregoing, the Board concludes that no useful purpose is served by continuing to characterize his service as general (under honorable conditions) and an upgrade of his characterization of service to an honorable discharge is appropriate. 

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

That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating that on 6 July 1977, Petitioner’s characterization of service was “honorable.” 

That no further changes be made to the record. 

That a copy of this report of proceedings be filed in Petitioner’s naval record. 

That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 16 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. 

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