Docket No. 5293-19
Ref: Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER  , USN,  
   
Ref:    (a) 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 w/attachments 
 
1.  Pursuant to the reference, Petitioner, a former enlisted member of the Navy, filed the enclosure with the Board for Correction of Naval Records (Board), requesting an upgrade to his service characterization as reflected on his Report of Separation from Active Duty (DD Form 214) for his period of active-duty service from 5 August 1991 to 3 August 1993. 
 
2.  The Board, consisting of       reviewed Petitioner’s allegations of error and injustice on 8 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 enclosure, relevant portions of Petitioner’s naval service 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 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 on 5 August 1991.  On 10 June 1993, Petitioner received non-judicial punishment (NJP) for wrongful possession of one gram of marijuana.  On 28 June 1993, Petitioner was notified of an administrative to separate him from the naval service for misconduct due to drug possession.  Petitioner waived his right to consult with counsel and waived his right to present his case to an administrative discharge board (ADB).  On 7 July 1993, Petitioner’s Commanding Officer recommended his discharge with an other than honorable (OTH) characterization of service for misconduct due to drug possession.  On 22 July 1993, the discharge authority approved and directed Petitioner’s discharge.  On 3 August 1993, Petitioner was discharged with an other than honorable (OTH) characterization of service.  A service record entry reflects that Petitioner’s final trait average was 3.27. 
 
    d.  Petitioner states he was discharged because an illegal substance (marijuana) was found in his room.  Petitioner states the illegal substance belonged to his roommate.  Further, Petitioner contends since his discharge from the Navy he has earned four college degrees and has never been arrested. 
 
CONCLUSION 
 
The Board noted the Petitioner’s record reflects one incident of misconduct.  In view of the foregoing, the Board determined that Petitioner’s discharge was too severe.  Further, the Board considered Petitioner’s service record and final performance marks, which were sufficient to receive a general characterization of service.  As a matter of justice, the Board found that Petitioner is entitled to an upgrade of his discharge characterization to “general (under honorable conditions).” 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action: 
 
That Petitioner’s be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating his characterization of service as “general.” 
 
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 30 May 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.