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 
  
1.  Pursuant to the provisions of the reference, Petitioner, a former member of the Marine Corps, filed enclosure (1) with this Board, requesting that his other than honorable characterization of service be upgraded to honorable. 
 
2.  The Board, consisting of     reviewed the subject former member’s allegations of error and injustice on 14 May 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 the subject former member’s naval records, 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 the subject former member’s allegations of error and injustice, finds as follows: 
 
     a.  Before applying to this Board, the 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 Marine Corps (USMC) and began a period of active duty on 27 December 1979.  On 8 December 1983, Petitioner was discharged with an honorable characterization of service.  On 9 December 1983, Petitioner reenlisted in the USMC and began a second period of active duty.  On 17 December 1985, Petitioner was discharged with an honorable characterization of service.  On 18 December 1985, Petitioner again reenlisted in the USMC and began a third period of active duty.   
 
     d.  On 10 June 1987, Petitioner was charged with wrongful possession of a controlled substance.  On 21 July 1987, Petitioner requested sepration in lieu of trial by court-martial.  On 4 August 1987, the discharge authority approved Petitioner’s separation in lieu of trial by court-martial with an other than honorable characterization of service.  On 17 August 1987, Petitioner was discharged. 
 
     e.  Petitioner states that he has suffered the misfortune of his wrongful actions while  
serving in the military over the years.  He casserts that he has been an upstanding citizen, husband, father, grandfather, and was an outstanding Marine leader.  He has been an inspiration to numerous organizations for the elderly and veterans; and he is a mentor to children in the community where he works.  Petitioner intends to become a vendor for the Veterans Administration and has been denied entry because of his discharge.  He owns a Home Healthcare and Medical Equipment Marketing Business.  Petitioner has a passion for building homes for less fortunate communities and would like to use his expertise to build homes for disabled veterans.  He states that he experimented with cocaine once, and it cost him his military career.  Petitioner would like the Board to consider the first eight years that he served without getting in trouble.  Petitioner also submitted two statements of support in which he is described as an empowering figure to others, a great communicator, and a positive and friendly individual.     
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concludes that the Petitioner’s request warrants partial favorable action.  Specifically, the Board found that partial relief, as a matter of clemency, in the form of upgrading his discharge to a General (Under Honorable Conditions) would be appropriate. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner’s naval record be corrected by issuing him a new Ceterficate of Realease or Discharge from Active Duty (DD Form 214) reflecting that his characterization of service is general (under honorable conditions).   
 
That Petitioner’s reason for separation is corrected to show “Secretarial Authority.”   
 
That no further action be granted. 
 
A copy of this report of proceedings shall 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 

5/30/3021
Executive Director