From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER  USMC, XXX-XX- 
 
Ref: (a) 10 U.S.C. § 1552   
 
Encl: (1) DD Form 149 w/attachments 
 
1.  Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting an upgrade to his service characterization as reflected on his Report of Separation from Active Duty (DD Form 214) for his period of active-duty service from 10 May 1984 to 23 February 1989.   
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 9 April 2021 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 enclosure, relevant portions of Petitioner’s naval service records, and applicable statutes, regulations, and 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 regulation within the Department of the Navy. 
 
    b.  Although the enclosure 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 Marine Corps and began a period of active duty on 10 May 1984.  On 24 August 1985, Petitioner began a period of unauthorized absence (UA), which lasted one-day.  On 6 September 1985, Petitioner received nonjudicial punishment (NJP) for UA.  On 14 November 1985, Petitioner received a second NJP for alteration of records and pretending illness with the intent to avoid mess duty.  On 16 February 1988, Petitioner was convicted by general court-martial for larceny and wrongful appropriation of calling cards and other valuable correspondence belong to fellow Marines, fraudulently obtain telephone services $352.26 value, and stealing mail.  He was sentenced to reduction to E-1, confinement forfeiture of pay and discharge from the service with a dishonorable discharge.  On 5 July 1988, Petitioner was denied clemency by the Naval Clemency and Parole Board.  On 23 February 1989, Petitioner was discharged with a dishonorable characterization of service.  
  
    d.  Petitioner states he that he has always accepted the responsibility for his action, but he feels like his discharge was too harsh and unjust.  Petitioner states that he has read several dishonorable discharge cases and noticed that these cases were more severe than his case.  
 
CONCLUSION 
 
The Board noted the Petitioner’s record reflects three incidents of misconduct.  In view of the foregoing, the Board determined that Petitioner’s discharge was too severe.  Further, the Board noticed that the Petitioner did not submit any documentation or advocacy letters to be considered.  As a matter of justice, the Board found that Petitioner is entitled to an upgrade of his discharge characterization to “bad conduct discharge.”   
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating his characterization of service as “bad conduct discharge.”     
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
4.  Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.  
 
 
4/28/2021
Executive Director