Docket No: 1103-21                                                                                                                        Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO FORMER MEMBER ,       USN, XXX-XX 
 
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), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to reflect an upgraded characterization of service and secretarial authority as the narrative reason for separation.   
 
2.  The Board, consisting of Mr. , Mr. , and Mr. , reviewed Petitioner’s allegations of error and injustice on 9 July 2021 and, pursuant to its regulations, determined the corrective action indicated below should be taken.  Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo).   
   
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 review the application on its merits.    
 c. Petitioner enlisted in the Navy on 17 August 2001.  On 18 September 2002, he received nonjudicial punishment for wrongful use of marijuana. 
 
 d. Subsequently, Petitioner was notified of pending administrative separation action by reason of misconduct due to drug abuse.  After he waived his procedural rights, Petitioner’s commanding officer (CO) recommended Petitioner be discharged with an other than honorable (OTH) character of service by reason of misconduct.  The discharge authority concurred with the CO and directed Petitioner be discharged with an OTH character of service by reason of misconduct due to drug abuse.  Petitioner was discharged on 7 October 2002. 
 
 e. Petitioner contends the following:   
 
  (1) Almost 20 years ago, he made a mistake that he deeply regrets by using marijuana one night while on leave.  It was an isolated and one-time incident when he was just 20 years old. 
 
  (2) He was not given an opportunity to be rehabilitated after the drug use. 
 
  (3) Since discharge, he has rehabilitated, remained gainfully employed, and not been in any legal trouble.   
 
  (4) The OTH characterization has limited his employment opportunities and his ability to receive Department of Veterans Affairs (VA) benefits.  He fears his characterization will also have an adverse impact on his family’s ability to adopt children and purchase a home.   
 
  (5) He deserves a second chance.  He specifically contends reference (b) weighs in his favor since his use in 2002 was an isolated, nonviolent, and youthful indiscretion.  Petitioner accepts responsibility for his conduct and deeply regrets the incident and the impact it has had on his life.  He contends he has “paid a stiff price by forfeiting his pay for two months, being separated, and navigating civilian employment with an OTH.”   
 
  (6) He submitted advocacy letters from his father-in-law, mother-in-law, and spouse.   
   
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants partial relief.   
 
The Board, applying liberal consideration and the factors outlined in the Wilkie memo, concluded that, although it found insufficient evidence of an error or injustice, Petitioner’s request warranted clemency in the form of an upgraded characterization of service.  The Board noted Petitioner’s remorseful and repentant attitude, the length of time since his one-time marijuana use, and productive post-service years.  Based on these factors, the Board concluded Petitioner’s discharge characterization should be upgraded to general, under honorable conditions. 
 
However, the Board, applying liberal consideration, concluded the narrative reason and separation code accurately reflect Petitioner’s separation reason and determined there was insufficient evidence of an error or injustice warranting granting his request to change the separation reason to secretarial authority.  
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a new DD Form 214 indicating the characterization of service as “general, under honorable conditions.”  
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
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. 
 
8/2/2021
Executive Director