DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ: ecb
Docket No. 06470-10
22 July 2010
From: Chairman, Board for Correction of Naval Records
ros Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF figs? pie
Ref: (a) 10 U.S.ic., 1552
Enel: (1) Subject's naval record
1. Pursuant to the provisions of reference (a) Petitioner,
applied to this Board requesting that the other than honorable
discharge (OTH) issued to him on 6 June 1997 be upgraded.
2. The Board, consisting of Messrs Geberth, LaCroix and
Silberman, reviewed Petitioner's allegations of error and
injustice on 21 July 2010 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 enclosures, naval
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
regulations within the Department of the Navy.
b. Petitioner's application to the Board was filed in a timely
manner.
c. Petitioner enlisted in the Marine Corps on 25 August 1993
for a term of four years. During nearly three and one half
years of service he had no disciplinary infractions and
performed his military duties in a superior manner which
resulted in his promotion to corporal. Unfortunately in
February of 1997 Petitioner received nonjudicial punishment
(NJP) for illegally using steroids that he ingested as a part of
weightlifting regimen to increase his physical strength, which
he believed would increase his effectiveness in combat.
Nevertheless due to the Marine Corps’ zero tolerance policy
regarding illegal drug usage Petitioner received an OTH on 6
June 1997 after having served three years, nine months and 12
days on a four year enlistment.
d. Since his discharge Petitioner has conducted himself ina
commendable manner. Married and the father of two children he
has earned an associate’s degree in audio engineering and is
presently employed as arm audio technician in the United States
District Court for the Southern District of Florida. Attached
to his application is a letter from the Court Administrator
attesting to Petitioner’s technical skills and outstanding
character.
>
CONCLUSION :
Although the Board can find no error or injustice in the
issuance of an OTH in June of 1997 it concluded that the
interests of justice would be better served by upgrading
Petitioner's discharge to general under honorable conditions.
This recommendation is in the nature of clemency and is based in
large part on the following factors. First of all the Board
takes into account his excellent service during his first three
and one half years of service. Secondly there is the nature of
the drug used and Petitioner’s purpose in using it. Thirdly he
was less than three months short of completing a four year
enlistment when he was discharged. And finally there is the
matter of Petitioner’s post service conduct and accomplishments
which the Board finds especially noteworthy.
RECOMMENDATION :
a. That Petitioner's record be corrected to show that he was
issued a general discharge under honorable conditions on 6 June
1997 vice an other than honorable discharge.
b. That upon request the Department of Veterans Affairs be
informed that Petitioner’s application to the Board was received
on 15 June 2010.
c. That a copy of this Report of Proceedings be filed in
Petitioner’s record so that future reviewers will have a clear
understanding of the nature of the Board’s action as well as its
reasons for this corrective action.
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.
ROBERT D. Le BRIAN J. GEORGE
Recorder Acting Recorder
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.
bSSoxsé
W. DE PF
Executive ctor
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