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

Docket No: 3219-21 
Ref: Signature Date 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD OF FORMER

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 other than honorable (OTH) discharge be upgraded to an honorable character of service. 

2. The Board, consisting of               reviewed Petitioner's allegations of error and injustice on 9 June 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. 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 Navy and began a period of active duty on 28 March 1985. On 9 August 1986, Petitioner received non-judicial punishment (NJP) for wrongful use of marijuana. 

d. On 8 August 1986, Petitioner was notified that he was being recommended for administrative discharge from the Navy because of misconduct due to drug abuse. Petitioner was advised of, and waived his procedural right to consult with and be represented by military counsel, and his right to present his case to an administrative discharge board (ADB). 

e. Petitioner’s commanding officer (CO) then forwarded the administrative separation package to the separation authority (SA) recommending that Petitioner be administratively discharged from the Navy with an OTH characterization of service. The SA approved the CO’s recommendation and directed administrative discharge from the Navy with an OTH characterization of service by reason of misconduct due to drug abuse. On 3 October 1986, Petitioner was so discharged. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concludes that given the totality of his circumstances, Petitioner’s request merits partial relief. Additionally, the Board reviewed Petitioner’s application under the guidance provided in reference (b). Specifically, the Board considered whether his application was the type that was intended to be covered by this policy. 

The Board noted Petitioner’s misconduct and does not condone his actions, which subsequently resulted in his OTH characterization of service. However, in light of reference (b), after reviewing the record holistically, and given the totality of the circumstances and purely as a matter of clemency, the Board concluded Petitioner’s discharge characterization should be changed to “general (under honorable conditions).” Additionally, in the interest of justice and in light of the potential for future negative implications, the Board further determined Petitioner’s narrative reason for separation should be changed to “secretarial authority.” 

RECOMMENDATION: 

In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: 

That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating that on 3 October 1986, Petitioner was discharged with a “general (under honorable conditions) character of service and his narrative reason for separation was “secretarial authority.” 

That no further changes be made to Petitioner’s record.
 
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. 

6/15/2021