Docket No: 7283-19 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 Encl: (1) DD Form 149 1. Pursuant to the reference, Petitioner, filed the enclosure with this Board requesting changes to his rank (to Corporal), paygrade (to E-4), separation code, narrative reason, and reentry code on his Certificate of Release or Discharge from Active Duty (DD Form 214). He additionally requests that his educational achievements, courses, and two decorations (Combat Action Ribbon and Good Conduct Medal) be added to his DD Form 214. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 27 January 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 his naval records, 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 administrative remedies available under existing law and regulations within the Department of the Navy with regard changes to his rank, paygrade, separation code, narrative reason, and reentry code on his Certificate of Release or Discharge from Active Duty (DD Form 214). Petitioner has not exhausted his administrative remedies with regard to having his educational achievements, courses, and two decorations (Combat Action Ribbon and Good Conduct Medal) added to his DD Form 214. b. Petitioner enlisted in the Marine Corps and began a period of active service on 5 July 1989. On 2 June 1991, he was promoted to Corporal. On 23 March 1992, he was convicted at a Summary Court-Martial (SCM) of wrongful use of drugs. Subsequently, an administrative discharge action was initiated to separate him from the naval service. On 22 May 1992, he was notified of his rights and elected to present his case to an administrative discharge board (ADB). On 19 June 1992, an ADB found a basis for administrative separation and recommended that he be administratively separated with a general (under honorable conditions) characterization of service. On 29 July 1992, the separation authority concurred with the Board’s recommendation and directed that he be separated with a general characterization of service. On 12 August 1992 he was so discharged. On 1 March 1995, a Staff Judge Advocate reviewed Petitioner’s SCM conviction and concluded that there was insufficient evidence to sustain the SCM conviction and recommended disapproval of the findings of guilty and disapproval of the sentence as adjudged. On 7 March 1995, the Convening Authority disapproved all findings of the SCM and stated that “[t]he error was prejudicial to the rights of the accused as to all findings of guilty. The findings of guilty and the sentence are disapproved. The charge is dismissed. All rights and privileges and property of which the accused has been deprived by virtue of the execution of the sentence adjudged at trial will be restored.” On 11 March 1997, the Naval Discharge Review Board upgraded the Petitioner’s discharge to honorable. CONCLUSION Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. The Board’s decision is based on the Convening Authority’s disapproval of the SCM’s findings and sentence and dismissal of the charges with instructions that the rights and privileges taken from the Petitioner based on the execution of the sentence be restored. The administrative separation was solely based on the SCM conviction. Therefore, consistent with those instructions the Board realizes that the record is in error and should be changed consistent with Petitioner’s request. Specifically that his rank, paygrade, separation code, narrative reason, and reentry code on his Certificate of Release or Discharge from Active Duty (DD Form 214) should be changed. The Board notes that Petitioner has not exhausted his administrative remedies with regard to having his educational achievements, courses, and two decorations (Combat Action Ribbon and Good Conduct Medal) added to his DD Form 214. RECOMMENDATION In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: That Petitioner be issued a new DD Form 214 to indicate that on 12 August 1992, he was issued an honorable characterization of service by reason of “Secretary of the Navy Plenary Authority,” that his SPD code is “JFF1,” his separation authority is “MARCORSEPMAN par. 6214,” and his RE code is RE-1. Petitioner’s naval record be corrected to show that his rank is Corporal (E-4) with a date of rank of 2 June 1991. That a review of his military education, decorations, medals, badges, commendations, citations, and campaign ribbons awarded or authorized by reviewed and any additions added to Petitioner’s DD Form 214. Defense Finance and Accounting Service will complete an audit of Petitioner’s records and make payment of any money to which Petitioner may be entitled. That no further relief be granted. 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 23 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.