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

Docket No: 133-18
MAY 15 2019 

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

Subj: REVIEW NAVAL RECORD OF 

Ref: (a) 10 U.S.C. 1552
     (b) SECDEF memo of 3 Sep 14 "Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering                 Discharge Upgrade Requests by Veterans Claiming PTSD"
     (c) PDUSD memo of 24 Feb 16 "Considering of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for            Correction of Military/Naval Records by Beterans Claiming PTSD or TBI"
     (d) PDUSD memo of 25 Aug 17 "Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval           Records Considering Requests by Veterans for Modification of their 
         Discharge Due to Mental Health Conditions, Sexual Assualt or Sexual Harassment"

Encl: (1) DD Form 149 with attachments
      (2) Subject's naval record (excerpts)
      (3) Post-service diagnosis of 1 Sep 16
      (4) BCNR Advisory Opinion of 13 Mar 18

1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this 
Board requesting an upgrade to his characterization of service from other than honorable (OTH) to honorable. 

2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 26 February 2019, and, pursuant to its 
regulations determned, on the available evidence of record, 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 his naval record, applicable statutes, regulations and policies, as well as a 13 March 2018 Advisory Opinion (AO).

3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice found as follows;

(a) Before applying to this Board, Petitioner exhausted all administrative remedies availabe
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 
waive the statute of limitations and review the application on its merits. 

c. During his most recent period of active duty, Petitioner received two non-judicial 
punishments (NJPs) for wrongful use of marijuana. On 13 January 1987, the Drug/Alcohol 
Program Advisor (DAPA) evaluated him and recommended level II treatment and individual 
counseling from the Counseling and Assistance Center (CAAC). On 20 January 1987, CAAC 
found he was not psychologically or physiologically dependent on marijuana. Subsequently, he 
was notified of administrative separation by reason of misconduct due to drug abuse. Petitioner 
requested an administrative discharge board (ADB). The ADB found that he committed 
misconduct due to drug abuse and recommended an OTH discharge. The separation authority 
concurred with the ADB and directed an OTH discharge by reason of misconduct, which was 
executed on 13 August 1987. 

d. Petitioner asserted that he suffered from undiagnosed and untreated post-traumatic stress 
disorder (PTSD) while in service. The Board obtained an AO on 18 March 2018. The AO 
opined that there is evidence to support the Petitioner's contention that he suffered from a mental 
health condition in service, and that his marijuana use was an attempt to alleviate PTSD 
symptoms. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, and especially in light of enclosure 

(3) and (4), the Board concluded that Petitioner's request warrants relief. Additionally, the 
Board reviewed his application under the guidance provided in references (b) through (d). 
Specifically, the Board considered whether his application was the type intended to be covered 
by these policies.
 
In this regard, based upon his record of service, the post-service diagnosis of 1 September 2016, 
and the 13 March 2018 AO, Petitioner's characterization of service should be changed to general 
under honorable conditions. The Board noted Petitioner's misconduct and does not condone his 
actions. However, the Board was able to reasonably conclude that he suffered from PTSD at the 
time of his misconduct which subsequently resulted in his OTH discharge. The Board concluded 
that no useful purpose is served by continuing to characterize the Petitioner's service as having 
been other than honorable, and re-characterization to a general discharge is now more 
appropriate. 

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

RECOMMENDATION: 

That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 
214) stating he was discharged with a general characterization of service. 

That a copy of this report of proceedings be filed in Petitioner's naval record. 

That, upon request, the Department of Veterans Affairs be informed that Petitioner's application 
was received by the Board on 14 November 2018. 

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. 

Executive Director