DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF 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 Post Traumatic Stress Disorder” (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) USD 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” (e) USECDEF Memo of 25 Jul 2018 “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” Encl: (1) DD Form 149 (2) Advisory Opinion of 20 Dec 19 1. Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting that his other than honorable (OTH) characterization of service be changed to honorable or general (under honorable conditions). Enclosures (1) and (2) apply. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 23 June 2020, 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, relevant portions of Petitioner’s naval records, applicable statutes, regulations, and policies, post-service diagnosis, and enclosure (2), an advisory opinion (AO) provided by a Navy mental health professional, which was previously provided to the Petitioner. 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. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits. c. Petitioner enlisted in the Marine Corps and began a period of active duty on 18 March 1968. Petition received the Service Medal, the Campaign Medal, and the Combat Action Ribbon. Petitioner had two periods of unauthorized absence totaling 18 days. On 24 April 1970, Petitioner was discharged with an other than honorable characterization of service. His original service record was incomplete and did not contain his personnel or medical records or any documentation pertaining to his separation from the Marine Corps. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. d. Petitioner contends that his absence without leave (AWOL) charges were for a few days and were due to the post-traumatic stress disorder (PTSD) he incurred in He asserts that, at the time he left, he was combat weary, confused, scared, felt alone, and did not know where he belonged, so he ran. In 2005, the Veterans Administration (VA) service-connected his PTSD, and he is currently in a treatment program. e. Enclosure (2) noted that although Petitioner did not submit any detailed clinical evidence describing the etiology of his PTSD and residual symptoms, his descriptions of his mental state upon return from are consistent with the early presentation of PTSD. The letter from his wife also describes behavior that could be attributed to PTSD. Therefore, based on the available evidence, there is sufficient evidence of PTSD attributable to Petitioner’s military service to partially support the Petitioner’s claim that his misconduct could be attributed to his service-connected PTSD. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of enclosure (2), the Board concludes that Petitioner’s request warrants partial relief. Additionally, the Board reviewed his application under the guidance provided in references (b) through (e). Specifically, the Board considered whether his application was the type that was intended to be covered by these policies. In this regard, based upon Petitioner’s submitted evidence, to include his DD 214 that reflects his participation in combat action in , his personal statement, letters of support, and the VA decision document that grants service-connection for his VA-diagnosed PTSD, the Board found that there is evidence to attribute his diagnosed PTSD to his military service. The Board concluded that, given our current understanding of mental health conditions, Petitioner should be granted relief by upgrading his characterization of service to general (under honorable conditions). In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION Petitioner’s naval record be corrected to show that on 24 April 1970, he received a general (under honorable conditions) discharge. Petitioner be issued a new 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 Department of Veterans Affairs is informed that Petitioner’s application was received by the Board on 28 January 2019. 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 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.