From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy   
 
From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy   
 
Subj:    REVIEW OF NAVAL RECORD OF FORMER  XXX XX , USMC 
 
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 bad conduct discharge (BCD) be upgraded to general (under honorable conditions) character of service.             
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 7 April 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 Marine Corps and began a period of active duty on 23 September 1986.  Petitioner subsequently completed this enlistment with an honorable characterization of service on 5 March 1993, and reenlisted on 6 March 1993. 
  
     c. On 2 August 1993, Petitioner received non-judicial (NJP) for dishonorably failing to pay debt.  On 2 March 1994, Petitioner was convicted by special court-martial (SPCM) of larceny, two specifications of frauds against the United States, wrongful cohabitation with a woman not his wife, and submitting a false official statement.  As punishment, he was awarded confinement, reduction in rank, forfeiture of pay, and BCD.  After the BCD was approved at all levels of review, Petitioner was discharged on 16 August 1995.     
 
     d. Petitioner contends that during his court-martial, the witness that testified against him lied under oath.  Petitioner further contends that: 
 
1) He believes that corrections should be made to his record because of his ex-wife's false testimony; 
 
2) His discharge status has interfered with him obtaining any benefits from the VA; 
 
3) His military record prior to the court martial occurring shows that his conduct was outstanding; and 
 
4) He does not believe that he should suffer the consequences of his ex-wife’s false testimony. 
 
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).  
 
In regard to Petitioner’s request, the Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in Petitioner’s case in accordance with reference (b).  These included, but were not limited to, Petitioner’s desire to upgrade his character of service and his contention as previously discussed.   
 
Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that Petitioner’s misconduct, as evidenced by an NJP and SPCM conviction and subsequent BCD, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that Petitioner’s request does not merit relief. 
 
The Board noted Petitioner has an honorable enlistment from “23 September 1986 to 5 March 1993,” and his Certificate of Release or Discharge from Active Duty (DD Form 214) should reflect his first period of enlistment as honorable.  The DD Form 214 incorrectly puts both periods of enlistment as one enlistment.    

In view of the above, the Board directs the following corrective action: 
  
RECOMMENDATION: 
 
Correct Petitioner's naval record to reflect two separate enlistments.  Petitioner’s first enlistment from “23 September 1986 to 5 March 1993” should reflect an honorable characterization of service; and Petitioner’s second enlistment from “6 March 1993 to 16 August 1995,” should reflect BCD.  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. 
 
File a copy of this report of proceedings 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. 
 
 
4/20/2021
Executive Director