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

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER MEMBER   
             
Ref:    (a) 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 w/attachments 
 
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 naval record be corrected by upgrading his characterization of service. 
 
2.  The Board, consisting of Ms.  Ms.  Ms.  reviewed Petitioner’s allegations of error and injustice on 4 August 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, 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 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 Navy and began a period of active duty on 4 December 1984.  Petitioner went on unauthorized absence on 27 June 1985, and from 31 March 1987 to 3 April 1987.  On 17 July 1987, Petitioner received non-judicial punishment (NJP) for wrongful use of a controlled substance-marijuana.  On the same day, Petitioner was counseled regarding his receipt of NJP.  On 6 January 1988, Petitioner was notified of the initiation of administrative separation proceedings by reason of misconduct due to drug abuse, and drug abuse rehabilitation failure, at which point, he waived his right to consult with counsel and his right to have his case reviewed by an administrative discharge board.  On 16 January 1988, the discharge authority approved and directed Petitioner’s discharge.  On 25 January 1988, Petitioner was discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse.  
 
     d.  Petitioner contends he was experiencing stress, and not effectively supported by his superiors or the Navy.  Petitioner provides evidence to support his positive post service conduct, to include receiving a both a bachelor’s and a master’s degree. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  The Board notes Petitioner’s disciplinary infraction and does not condone his misconduct.  However, the Board considered Petitioner’s drug use as an isolated incident and concluded that as a matter of clemency the record should reflect that he was discharged with a general characterization of service vice receiving an OTH characterization.  Additionally, the Board determined to change Petitioner’s narrative reason for separation to “Secretarial Authority,” is now more appropriate.    
 
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 “general,” the narrative reason for separation as “secretarial authority,” separation code as “JFF,” and separation authority as “MILPERSMAN 1910-164.”       
 
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 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. 
                                                                            
9/2/2021
Executive Director