Docket No: 8960-19 
Ref: Signature Date  
  
From:  Chairman, Board for Correction of Naval Records 
To:    Commandant of the Marine Corps 
 
Subj:   REVIEW NAVAL RECORD OF FORMER  
            XXX-XX-     
            
Ref:    (a) 10 U.S.C. 1552 
                
Encl:   (1) DD Form 149 with attachments 
        (2) Case summary 
        (3) Subject's naval record (excerpts) 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps Reserve, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting a change to his naval record, specifically, to change his characterization of service from “General (Under Honorable Conditions),” to Honorable.  He also implied and requested that his Narrative Reason for Separation “Misconduct” be changed per reference (a) on his Certificate of Release or Discharge from Active Duty (DD Form 214).  Enclosures (1) through (3) apply. 
 
2.  The Board consisting of , reviewed Petitioner's allegations of error and injustice on 30 September 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, 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 limitations and review the application on its merits. 
 
    c.  Petitioner reenlisted in the Marine Corps Reserve on 28 January 2002.  According to the information in the record, Petitioner received an honorable discharge from the Marine Corps due completion of required active service on 12 November 2000.    
    
    d.  On 24 May 2002, Petitioner received non-judicial punishment for sleeping on post.  On or about 6 June 2002, Petitioner was counseled about not being recommended for reenlistment due to a pattern of misconduct and advised that he was being assigned an RE-4 reenlistment code.  Although the Board lacked Petitioner’s entire service record, the Board relied on a presumption of regularity in that Petitioner was notified of the recommendation that he be discharged by reason misconduct.  Presumably, after he waived his procedural rights, his commanding officer (CO) recommended discharge by reason of misconduct with a General (Under Honorable Conditions) characterization of service.  The separation authority approved the CO’s recommendation, and on 14 June 2002, he was separated.   
 
    e. Petitioner reenlisted in the United Army Reserve in 2016.  Petitioner asserts that he contracted for a prior service bonus of $10,000, and has fulfilled all of the requirements to receive the bonus, but his bonus is being denied because of his discharge characterization from 2002.  
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner's request warrants partial favorable action.  The Board was sympathetic to the Petitioner’s desire to change his characterization of service.  However, the Board concluded that these factors were not sufficient to warrant full relief given his misconduct.  The Board notes that Petitioner, although having misconduct in his record, deserves clemency and concludes that the narrative reason for separation should be changed to the best interest of the service.  With that being said, the Board concludes that the Narrative Reason for Separation “Misconduct” should be changed to “Secretarial Authority,” the separation authority should be changed to “MARCORSEPMAN 6421,” and the characterization of service “General (Under Honorable Conditions),” should remain unchanged.   
   
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s naval record be corrected to show that on 14 June 2002, his narrative reason for separation was “secretarial authority,” and separation authority as “MARCORSEPMAN 6421.” 
      
That Petitioner is issued a new DD Form 214.     
 
That no further changes be made to the record. 
 
That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received on 13 September 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. 
 
Sincerely,   
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