DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 AUG 28 2019 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) SECDEF memo. '·Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PTso:· of3 September 2014 (c) PDUSD memo, "'Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction of Military/Naval Records by Veterans Claiming PTSD or TBI'' of 24 February 2016 (d) PDUSD memo, clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification oftheir Discharge Due to Mental Health Conditions, Sexual Assault or Sexual Harassment." of 25 August 201 7 (e) USO 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 w/attachments (2) Advisory Opinion of 8 Nov 18 1. Pursuant to the provisions of reference (a). Petitioner, a former enlisted member ofthe Marine Corps, filed enclosure ( 1) with the Board for Correction of Naval Records (Board), requesting that his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to reflect an upgrade of his characterization of service and his correct Social Security Number (SSN). 2. The Board, consisting of reviewed Petitioner's allegations oferror and injustice on 29 July 2019 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 enclosure (1), relevant portions of Petitioner's naval service records, court filings made by Petitioner regarding his requests for relief from the Department of the Navy, and applicable statutes, regulations, and policies, as well as the enclosed 8 November 2018 advisory opinion furnished by a qualified navy mental health professional. 3. The Board, having reviewed all the facts ofrecord pertaining to Petitioner's allegations of enor 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 enclosure (1) was not filed in a timely manner, it is in the interest ofjustice to review the application on its merits. c. Petitioner enlisted in the Marine Corps and began a period ofactive duty service on 25 September 1984. His pre-service enlistment documents indicate prior marijuana use, minor traffic violations, and no psychiatric abnormalities. d. On 14 March 1985, Petitioner was formally counseled regarding his conduct and injuries he sustained in a fight. e. In February 1986, Petitioner was hospitalized for psychiatric reasons after a threat to his commander during a hyperventilation episode. Petitioner was diagnosed with episodic alcohol abuse and mixed personality disorder. f. Petitioner received nonjudicial punishment (NJP) on 21 May 1986 for willful disobedience ofa lawful order and disrespect toward a noncommissioned officer. g. In June 1986, while on active duty in Petitioner was assaulted at the Enlisted Club by several Marines. Petitioner was treated for multiple head lacerations and bruises to the back. Treatment records from 5 February 1988 state that the "severity of the assault could have resulted in death and was perceived as such" by Petitioner. Petitioner was placed in a limited duty status for six months. In December 1986. a medical board reviewed Petitioner's case and recommended that his limited duty status be extended for six months. h. In July 1986, approximately one month after the assault, Petitioner was placed on a weight control program. From September 1986 to January 1988, Petitioner was formally counseled 13 times regarding unsatisfactory progress on the weight control program. i. Petitioner sustained emotional and physical symptoms from the assault, including severe anxiety, agitation, tremendous anger, continual difliculty sleeping, depression with suicidal ideation, visual hallucination flashbacks ofthe actual trauma, paranoia, and a severe loss of self­esteem. In January 1988, Petitioner self-referred for a psychiatric evaluation and stated "I might kill someone." He was diagnosed with personality disorder with antisocial and impulsive reaction, and an adjustment disorder with atypical features. In February 1988, Petitioner was diagnosed by a civilian provider as having symptoms that indicate post-traumatic stress disorder (PTSD). Military mental health records state that Petitioner was scheduled to be medically retired with a 10% disability. It was recommended that he be sent home to await his final hearing to prevent verbal or physical explosion. j. On 28 March 1988, while pending discharge under military control, Petitioner received NJP for violating Article 112a of the Uniform Code of Military Justice for wrongful use of cocaine. Petitioner was notified of administrative separation proceedings against him on the basis of drug abuse and waived his right to appear before an administrative separation board. Petitioner was discharged from the Marine Corps on 11 May 1988 with an other than honorable (0TH) characterization ofservice and a reentry (RE) code of RE-4B by reason ofmisconduct due to drug abuse. k. Petitioner seeks an upgrade to his discharge characterization and change to his SSN on his DD Form 214. He states that he was misguided when he had a medical case against the Marine Corps." The circumstances surrounding Petitioner's in-service injuries and Petitioner's diagnosis of PTSD were taken into consideration when assessing his contentions oferror and injustice. 1. As part ofthe Board's review. a licensed clinical psychologist reviewed Petitioner's available records and his contentions, and issued an AO that noted that his PTSD diagnosis can be attributed to military service. However. the AO found that all of Petitioner's misconduct cannot be attributed to PTSD. The AO noted that Petitioner's record documented misconduct prior to the assault, and that he provided two different versions of events surrounding his cocaine use. The AO was provided to Petitioner, and he was given 30 days in which to submit a response. When Petitioner did not provide a response within 30 days, his case was submitted to the Board for consideration. CONCLUSION: The Board, in its review of Petitioner's entire record and application, carefully weighed all potentially mitigating factors, including the assault that Petitioner suffered during his active-duty service in the Marine Corps. The Board noted that. although Petitioner did have pre-assault misconduct, the nature ofhis misconduct before June 1986 was relatively minor. Additionally, the Board found it noteworthy that, although in February 1988 it was mecially recommended that Petitioner be sent home to await his final hearing to prevent verbal or physical explosion, he Petitioner appears to have been retained in a duty status, as evidenced by his 28 March 1988 NJP. The Board found that Petitioner's wrongful use of cocaine is mitigated by his service-connected PTSD. The Board found, however. that, due to his pre-assault misconduct, Petitioner should receive an upgrade to a general (under honorable conditions) characterization ofservice rather than an honorable. Furthermore, to account for the mitigating mental health factors that likely contributed to his in-service drug use, the Board found that Petitioner's narrative reason for separation and his SPD code should be corrected to Secretarial Authority and JFFl, respectively. The Board reviewed Petitioner's Social Security Card and his in-service documents and determined that the last four numbers of his SSN as reflected on his DD Form 214 are incorrect and should be changed from to . In view of the above, the Board directs the following corrective action. RECOMMENDATION: That Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty to show that he was discharged with a general (under honorable conditions) characterization of service, his narrative reason for separation is ·'Secretarial Authority," his SPD code is ·'JFFl ,'' and the last four numbers of his SSN are "' ." That a copy ofthis 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 3 May 2018. 4. Pursuant to Section 6(c) of the revised Procedures ofthe Board for Correction ofNaval 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. 5. Pursuant to the delegation of authority set out in Section 6(e) ofthe revised Procedures ofthe 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 ofthe Navy. Executive Director