DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7OT S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 5448-14/
8917-13
17 June 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub: Gate ae aoa o> Sey
Ref: (a) 10 U.S.C. 1552
{(b) HOMC MMMA-3 memo dated 10MAR14
Encl: (1) DD Form 149 with attachments
(2) Case summary
3) Subject's service record/CD
1. Pursuant to the provisions of reference (a), Petitioner, a
former member of the Marine Corps, filed enclosure (1) with this
Board requesting that recharacterization of his general discharge
and a change of his narrative reason for separation (court-
Martial). By implication, he requested that his separation code
(SPD) of JJD2 also be changed. He further requests to have his
record reflect his entitlement to a Global War on Terrorism
Expeditionary Medal (GWTEM) for his service in Bahrain.
2. The Board, consisting of Mr. Bey, Mr. Hedrick, and Ms.
Wilcher reviewed Petitioner's allegations of error and injustice
on 10 June 2014 and, pursuant to its regulations, determined that
the partial 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. In
addition the Board considered the advisory opinion (AO),
reference (b), provided by the Headquarters Marine Corps Military
Awards Branch (MMMA-3).
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. Enclosure (1) was filed in a timely manner.
c. Petitioner served in the Marine Corps from 27 October 1997
until 10 August 2005. During his period of service, he was
convicted by special court-martial (SPCM) of a 21 day period of
unauthorized absence (UA) and disobedience. He was sentenced to
a reduction to paygrade E-1 and a bad conduct discharge (BCD).
He was issued the BCD on 10 August 2005.
dad. On 11 January 2012 the Naval Discharge Review Board (NDRB)
upgraded Petitioner’s characterization of service to general
under honorable conditions, based in part, on the severity of the
SPCM sentence and his good post service conduct. However, it
appears that the narrative reason for separation and separation
code were not changed to coincide with the recharacterization of.
service. Presumably, because of this administrative oversight,
the narrative reason for separation on his re-issued Ceftificate
of Release or. Dischargé from Active Duty (DD Form 214) ‘remains as
“court-martial” instead of Secretarial Authority. Further, his
SPD should be LFF1 (Secretarial Authority) .
e. In regard to Petitioner’s request for correction of his
record to reflect a GWTEM, the AO from HOMC MMMA-3, reference —
(b), validates his entitlement to this award for his service in
Bahrain, and as such the record should be corrected.
f. In Petitioner's application he asserts, in part, that his
discharge was too harsh because it was based solely on one
isolated incident, which was the result of stress, depression,
and family problems. He also states that he was lied to
regarding his reenlistment and career in the Marine Corps and
that because of the foregoing, his discharge should be upgraded
to honorable.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
favorable action.
|The Board is aware of Petitioner’s BCD which was awarded at his
SPCM and does not condone his misconduct. However, the Board is
also aware of the NDRB decision to upgrade the BCD to general
under honorable conditions. In this regard, the Board’s decision
to change the narrative reason for separation is based on the
NDRB decision to upgrade the characterization of service and its
administrative oversight not to change the reason for separation,
Petitioner’s overall record of satisfactory service, and his good
post service conduct. As such, the Board concludes that no
‘useful purpose is served by Petitioner's record continuing to
reflect such a stigmatizing narrative reason for separation
and that a change of this reason to Secretarial Authority, to
coincide with the NDRB decision, is now more appropriate. The
Board also concludes that his SPD should be changed to LFF1 and
he should be entitled to wear the GWTEM
The Board, however, does not believe that any further
recharacterization of Petitioner’s service is appropriate or
warranted. In view of the foregoing, the Board finds the
existence of an injustice warranting the following partial
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to reflect
that he was discharged by reason of “Secretarial Authority” and
assigned a separation code of “LFF1" on 10 August 2005 vice being
discharged by reason of court-martial with a separation code of
JID2.
b. That Petitioner’s naval record be corrected to reflect, in
Block 13. of his DD Form 214, the GWTEM.
c. That no further relief be granted.
d. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
e. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 31 March 2014.
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.
ROBERT D. ZSALMAN . es J. Sots
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 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
_behalt of the Secretary of the ae
TT pt
ROBERT D. S. Fo
Acting Executive Director
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