DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490  

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
    
 
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 Marine Corps, 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 13 May 1969 ending on 1 April 1971. 
 
2.  The Board, consisting of ,   ,   and   reviewed Petitioner’s allegations of error and injustice on 26 August 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 Marine Corps and began a period of active duty on 13 May 1969.  On 24 October 1969, Petitioner received non-judicial punishment (NJP) for unauthorized absence (UA).  On 6 May 1970, Petitioner was convicted at a special court martial for wrongful appropriation.  On 1 September 1970, Petitioner received NJP for breach of peace.  On 1 April 1971, Petitioner was discharged under honorable conditions and transferred to the United States Marine Corps Reserves.    
 
    d.  Petitioner contends, his mistakenly went on UA, he was unaware he was stealing at the time, and his involvement in a fist fight lowered his trait average. Petitioner notes his youth, and service in    . Petitioner states he has prostate cancer, which is attributed to exposure to Agent Orange. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting relief.  The Board notes Petitioner’s disciplinary infractions and does not condone his misconduct.  However, the Board considered the disciplinary infractions and his period of service in theatre 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 under honorable conditions characterization.  Based on the foregoing, the Board concludes that no useful purpose is served by continuing to characterize his service under honorable conditions and recharacterization to an honorable discharge is appropriate. 
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating his characterization of service as “Honorable.” 
 
That Petitioner be issued an Honorable Discharge Certificate. 
 
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 13 August 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.