Docket No. 4159-19
Ref: Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF FORMER   ,               USMC,  
          
Ref: (a) 10 U.S.C. §1552 
     (b) SECDEF memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval                Records Considering Discharge Upgrade Requests by Veterans Claiming PTSD,” of 3 September 2014 
     (c) PDUSD memorandum, “Consideration of Discharge Upgrade requests Pursuant to Supplemental Guidance to          Military Boards for Correction of Military/Naval Records by Veterans Claiming PTSD or Traumatic              Brain Injury (TBI),” of 25 February 2016. 
     (d) SECDEF memorandum, “Clarifying Guidance to Military Discharge Review Boards and Boards for                   Correction of Military/Naval Records Considering Requests by Veterans for cation of their Discharge          Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment,” of 25 August 2017 
 
Encl: (1) DD Form 149 
  
1.  Pursuant to the provisions of the reference, Petitioner, a former member of the Marine Corps,  filed the enclosure with this Board, requesting that his other than honorable characterization of service be upgraded. 
 
2.  The Board, consisting of                 reviewed the Petitioner’s allegations of error and injustice on 15 July 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 enclosure, relevant portions of the Petitioner’s naval records, and applicable statutes, regulations, and policies. 
 
3. The Board determined that a personal appearance with or without counsel would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered Petitioner’s case based on the evidence of record. 
 
4.  The Board, having reviewed all the facts of record pertaining to the Petitioner’s allegations of error and injustice, finds as follows: 
 
     a.  Before applying to this Board, the 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 interests of justice to review the application on its merits.  
 
     c. The Petitioner enlisted in the Marine Corps and began a period of active duty on 1 June 1966.   
 
     d.  The Petitioner was in a unit that was ordered to the Republic of Vietnam, and he participated in ten named combat operations there between the dates of 14 September 1967 to 3 September 1968. 
 
     e.  After leaving Vietnam, he reported to the hospital at , where he self-reported that he had a drug problem and he sought assistance in stopping his use of of drugs.  An investigation was commenced, and Petitioner was discharged with an other than honorable characterization of service.  Petitioner’s proficiency and conduct marks were 4.4/4.4. 
 
     f.  On 11 February 1972, the Naval Discharge Review Board granted Petitioner relief by upgrading his discharge to general (under honorable conditions). 
 
     g.  Petitioner included with his submission a determination by the Department of Veterans Affairs, which, among other things, found service connection for post-traumatic stress disorder. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, as well as references (b) through (d), the Board finds the existence of an error warranting relief.  Specifically, the Board found that Petitioner’s conduct was mitigated by his PTSD as a result of combat operations in the Republic of Vietnam. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner’s naval record be corrected by issuing him a new DD Form 214 reflecting that the characterization of his service at his discharge from the Marine Corps was honorable, and issuing him an certificate of discharge reflecting honorable service, and that no further action be granted. 
 
A copy of this report of proceedings shall be filed in Petitioner’s naval record. 
 
That upon request, the Department of Veterans Affairs is informed that Petitioner’s application was received by the Board on 16 April 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.