DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 8648-18 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 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 “Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction of Military/Naval Records by Veterans 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 Assault or Sexual Harassment” Encl: (1) DD Form 149 (2) Advisory Opinion (AO) of 2 Apr 19 (3) Updated AO of 2 May 19 (4) Copy of Certification of Birth 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps filed enclosure (1) with this Board requesting that his other than honorable (OTH) characterization of service be upgraded to general or honorable to entitle him to all Department of Veterans Affairs (DVA) benefits, to change his “RE-4” reenlistment code, to change his “NL” separation code, and his date of birth “510226” be changed to “510206” on his Report of Separation from Active Duty (DD Form 214). In light of current guidelines as reflected in references (b) through (d), his case was reconsidered in accordance with Board for Correction of Naval Records procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 28 October 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 the enclosures, relevant portions of the naval records, as well as applicable statutes, regulations, policies, post-service diagnosis, enclosure (2), advisory opinion (AO) provided by a qualified Navy mental health professional, which was previously provided to the Petitioner, and enclosure (3), rebuttal by the petitioner, and an updated AO provided by the same qualified Navy mental health professional. 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 enlisted in the Marine Corps and began a period of active duty on 3 January 1968. During his service, he was the subject of nonjudicial punishment (NJP) for two periods of unauthorized absence (UA) totaling 23 days. On 22 August 1970, he began a period of UA that lasted over four years, ending on 2 January 1975. On 3 January 1975, Petitioner submitted a written request for a good of the service discharge pursuant to the provisions of Presidential Proclamation No. 4313, dated 16 September 1974, due to the 1,594 days of UA. After being afforded all of his procedural rights, his request was granted, and he received an other than honorable discharge by reason of the good of the service on 3 January 1975. As a result of this action, he was required to serve 12 months of alternate service. He enrolled in the Reconciliation Service Program, but was terminated due to his failure to complete the required period of alternate service. c. Petitioner states he went UA because of his Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI), and he states if he would have received proper treatment after his Vietnam service for PTSD and TBI, he would have never went AWOL. Petitioner adds that he has been diagnosed with Parkinson’s disease and is in need of VA benefits. d. Enclosure (2), an AO from a qualified Navy mental health professional that states that Petitioner submitted 2018 treatment notes from the VA noting a diagnoses of Parkinson’s disease, a TBI incurred while deployment to Vietnam, PTSD, and unspecified depressive disorder. VA treatment records note a history of civilian imprisonment from 2003 to 2007, and parole in 2011 for sales of methamphetamine. Petitioner has a diagnosis of PTSD that can be attributed to military service. It is reasonable to attribute his UA following his deployment to Vietnam to avoidance symptoms consistent with PTSD. However, he also had two periods of UA prior to his participation in combat operations, which cannot be attributed to PTSD. Based on the preponderance of the evidence, there is evidence that some but not all of the Petitioner’s misconduct can be attributed to PTSD. e. Enclosure (3), an undated AO from the same qualified Navy mental health professional states the Petitioner has submitted no new clinical evidence. He submitted a letter of support from a battle buddy that he incurred PTSD during his Vietnam combat and concurred with the original AO. The Petitioner does have a diagnosis of PTSD, which can be attributed to military service and his UA post-Vietnam can be attributed to PTSD. However, the Petitioner’s UA prior to deployment to Vietnam cannot be attributed to PTSD. f. Petitioner’s request was fully and carefully considered by the Board in light of references (b) through (d). CONCLUSION Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief under the guidance provided in references (b) through (d). Specifically, the Board considered whether his application was the type that was intended to be covered by this policy. In this regard, the Board noted Petitioner’s misconduct, which result in NJP for two periods of UA. However, based upon his overall record of service, and in light of enclosures (2) and (3), relief in the form of his characterization of service should be changed to “General (under honorable conditions).” The Board’s decision is based on the preponderance of the evidence that, Petitioner has a post-service diagnosis of PTSD, there is evidence that some, but not all of Petitioner’s misconduct should be attributed to PTSD, and that it is reasonable to attribute his UA following his deployment to Vietnam to avoidance symptoms consistent with PTSD. The Board found Petitioner’s narrative reason for separation and reenlistment code accurate and without injustice. Regarding Petitioner’s request for an administrative change to have birth date corrected on his DD Form 214, does not require action by this Board, if he feels an administrative correction is desired, he may submit his request to the Commandant of the Marine Corps, Records and Performance Branch (MMRP), 2008 Elliot Road, Quantico, VA 22134-5030. RECOMMENDATION Petitioner’s naval record is corrected to show that on 3 January 1975, he received a General (under honorable conditions) discharge. Petitioner be issued a DD Form 215, Correction to DD Form 214 Certificate of Release or Discharge from Active Duty. No further action be granted. A copy of this report of proceedings be filed in Petitioner’s naval record. Upon request, the VA is informed that Petitioner’s application was received by the Board on 26 July 2018. 4. It is certified that 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 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.