DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6194-19 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 1. Pursuant to the reference, Petitioner, a former member of the Marine Corps, filed the enclosure with this Board requesting to change his characterization of service to, “Under Honorable Conditions” (General). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 6 November 2019 and, pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, 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 the enclosure 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 reenlisted in the Marine Corps on 29 April 1985 after more than three years of prior service. He served six months without disciplinary incident, but on 17 October, he received non-judicial punishment for wrongful use of marijuana. Subsequently, he was notified of pending administrative separation by reason of misconduct due to drug abuse at which time he waived his right to present his case to an administrative discharge board (ADB). Petitioner’s commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct, and on 18 December 1985, he was discharge. However, Petitioner has an honorable period of service from 4 December 1981 to 28 April 1985, and was not issued a Certificate of Release or Discharge from Active Duty, (DD Form 214) for that period of service. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concluded there was sufficient evidence to support the assignment of the other than honorable characterization of service, because of the seriousness of the Petitioner’s misconduct. The Board noted that the Petitioner’s records does not contain a DD Form 214 for his first period of enlistment. In this regard, the Board concluded that a DD Form 214 should be issued. RECOMMENDATION: In view of the foregoing, the Board finds the existence of an error warranting the following partial corrective action: That Petitioner’s shall be issued a DD Form 214 for the honorable period of enlistment from 4 December 1981 to 28 April 1985. That a copy of this Record 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 18 July 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 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 12/9/2019