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

Docket No: 1252-21  
Ref: Signature Date 
 
From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy  

Subj: REVIEW OF NAVAL RECORD OF FORMER USN, 

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 that his naval record be corrected to reflect his honorable period of service from “28 September 2000 to 23 September 2004.” 

2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 10 March 2021 and, pursuant to its regulations, determined that 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. Petitioner enlisted in the Navy and began a period of active duty on 28 September 2000. Petitioner subsequently completed this enlistment with an honorable characterization of service on 23 September 2004, and reenlisted on 24 September 2004.  After a thorough review of Petitioner’s official military personnel file (OMPF), the documents pertinent to his administrative separation were not located in the record.  However, based on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214), he was discharged on 14 November 2008, with an other than honorable (OTH) characterization of service by reason of “In Lieu of Trial by Court-Martial.” 

c. The DD Form 214 incorrectly reflects Petitioner’s period of service as 28 September 2000 to 14 November 2008 vice his first enlistment from “28 September 2000 to 23 September 2004,” with an honorable characterization of service and the second enlistment from “24 September 2004 to 14 November 2008” with an OTH characterization of service. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief. The Board reviewed the application under the guidance provided in reference (b). 

The Petitioner has an honorable enlistment from “28 September 2000 to 23 September 2004,” and his DD Form 214 should reflect his first period of enlistment as honorable.  The DD Form 214 incorrectly puts both periods together as one enlistment.  The Board in its review discerned no impropriety or inequity in the Petitioner’s second period of discharge. 

In view of the above, the Board directs the following corrective action: 

RECOMMENDATION: 

That Petitioner's naval record be corrected to reflect two separate enlistments.  Petitioner’s first enlistment from “28 September 2000 to 23 September 2004” with an honorable characterization of service.  Petitioner’s second enlistment from “24 September 2004 to 14 November 2008” with an OTH characterization of service.  Petitioner shall be issued a DD Form 215 with correction to the Remarks Section (Block 18), listing his honorable period of prior service. 
No further action be granted. 

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. 

Executive Director