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 
           (b) USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for   
    Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency   
    Determinations,” of 25 July 2018 
 
Encl:  (1) DD Form 149 with attachments 
      (2) Case Summary   
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former Private First Class in the Marine Corps, filed enclosure (1) with a request to upgrade his discharge characterization.  Petitioner’s original service number was . 
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 25 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, relevant portions of his naval service records, and applicable statutes, regulations, 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 interests of justice to review the application on its merits. 

c. The Petitioner initially enlisted in the Marine Corps and began a period of active service on 2 August 1948.  On 5 August 1950, Petitioner received non-judicial punishment (“office hours”) for failing to stand the regularly assigned parade.  
 
d. On 4 January 1951, Petitioner requested a discharge for dependency/hardship reasons.  At the time of his discharge request, his father had terminal cancer and his brother had previously been killed in action in the  theater during World War II.  Petitioner was the sole surviving son in his family and his mother relied on him exclusively for care and support. 

e. On 19 January 1951, the Commandant of the Marine Corps approved Petitioner’s dependency discharge.  On 2 February 1951, the Petitioner was discharged with a General (Under Honorable Conditions) (“GEN”) characterization of service.   

f. Petitioner’s final adjusted conduct trait average during his enlistment was 3.91.  Marine Corps regulations in place at the time of Petitioner’s discharge required a minimum trait average of 4.0 in conduct to qualify for a fully honorable characterization of service. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request merits relief, given the totality of his circumstances.  Additionally, the Board reviewed his application under the guidance provided in reference (b).  Specifically, the Board considered whether his application was the type that was intended to be covered by this policy.  
 
The purpose of the Under Secretary of Defense Memorandum (reference (b)), is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The memorandum noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited as a result of such convictions,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.”   
 
The memorandum sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief.  In this regard, the Board determined that given the totality of the circumstances and the lack of any serious misconduct in Petitioner’s record, no useful purpose is served by characterizing Petitioner’s otherwise honest and faithful service with a GEN discharge.    
 
Accordingly, the Board granted the specific relief as requested by Petitioner, namely to upgrade his GEN discharge.  The Board concluded after reviewing the record holistically and as a matter of clemency, that the discharge characterization should change to “Honorable.” 
 
RECOMMENDATION: 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 
 
That Petitioner’s character of service and type of separation, as listed on his DD Form 214 with a discharge effective date of 2 February 1951, both be changed to “Honorable.” 
  
That Petitioner shall be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty. 
 
That Petitioner be issued a new 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 11 October 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.