Docket No: 1431-21 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Commandant of the Marine Corps Subj: REVIEW NAVAL RECORD OF FORMER , USMC, Ref: (a) 10 U.S.C. §1552 (b) SECDEF Memo of 3 Sep 14 “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PTSD” (c) PDUSD Memo of 24 Feb 16 “Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction of Military/Naval Records by Veterans Claiming PTSD or TBI” (d) PDUSD Memo of 25 Aug 17 “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault or Sexual Harassment” Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's naval record (excerpts) (4) Advisory Opinion dated 30 June 2021 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 other than honorable (OTH) characterization of service be changed in light of current guidelines as reflected in references (b) and (d). Enclosures (1) through (4) apply. 2. The Board reviewed Petitioner’s allegations of error and injustice on 1 September 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 Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). Additionally, The Board also considered the advisory opinion (AO) dated 30 June 2021, which was previously provided to Petitioner. Although Petitioner was afforded an opportunity to submit a rebuttal, Petitioner did not do so. 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 of limitations and review the application on its merits. c. Petitioner enlisted in the Marine Corps on 19 May 1983. During the period from 14 February 1984 to 10 October 1985, Petitioner received two non-judicial punishments (NJP) for unauthorized absence (UA) totaling three days and wrongful use of marijuana. On 26 May 1986, Petitioner submitted a written request for discharge for a good of the service (GOS) discharge due to three specification of UA totaling 39 days and attempted escape. His request was granted and his commanding officer (CO) was directed to issue an other than honorable (OTH) discharge for the good of the service. As a result of this action, he was spared the stigma of a court-martial conviction, as well as the potential penalties of such a punitive discharge. On 24 June 1986, he was so discharged. CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of enclosures (3) and (4), the Board concludes that Petitioner’s request warrants partial relief. Additionally, the Board reviewed his application under the guidance provided in references (b) and (c). Specifically, the Board considered whether his application was the type that was intended to be covered by this policy. In this regard, based upon his record of service and the AO dated 30 June 2021. Relief in the form of his characterization of service should be changed to general under honorable conditions. The Board initially notes Petitioner’s disciplinary infractions, and does not condone his misconduct. However, the Board concluded that based upon Petitioner’s situation of unexpectedly becoming a single parent, relief in the form of his Characterization of Service should be changed to General under Honorable Conditions. The Board concludes that no useful purpose is served by continuing to characterize the Petitioner’s service as having been other than honorable, and re-characterization to a general discharge is now more appropriate. However, the Board determined that Petitioner’s separation authority, separation code, narrative reasoning for separation and reenlistment code will 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 is corrected to show that he was issued a general discharge on 24 June 1986, vice the OTH discharge actually issued on that day. That Petitioner is issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). That no further changes be made to the 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 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. 9/24/2021 Executive Director