Docket No: 1264-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER , XXX XX USMC 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 PTSD,” of 3 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 25 August 2017 (e) USECDEF 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 with attachments (2) Case summary 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to reflect an upgraded character of service to “general (under honorable conditions).” 2. The Board consisting of reviewed Petitioner’s allegations of error and injustice on 17 March 2021 and, pursuant to its regulations, determined 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 Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 August 2017 guidance from the Secretary of Defense regarding requests by Veterans for modification of their discharge due to mental health conditions, sexual assault, or sexual harassment (Kurta Memo), the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). Additionally, the Board also considered the advisory opinion (AO) furnished by a qualified mental health provider. 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 reenlisted in the Marine Corps on 10 March 2000. On 6 November 2002, Petitioner was convicted by special court-martial (SPCM) of wrongful use of methamphetamine. As punishment, Petitioner was awarded reduction in rank. On 21 August 2003, Petitioner was convicted for a second time by SPCM of wrongful use of methamphetamine on two occasions. As punishment, Petitioner was awarded reduction in rank, confinement and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, Petitioner was discharged on 23 February 2005. d. Petitioner contends that “he has suffered from drug and alcohol related issues in a way to deal with his mental health since his service in Somalia.” e. As part of the Board’s review, a qualified mental health provider reviewed Petitioner’s contentions and available records and provided an AO dated 1 March 2021. The AO concluded by opining that, there is sufficient objective evidence that Petitioner suffered from PTSD incurred during his military service and that this condition should be considered as mitigation in deliberations addressing his request for discharge upgrade to General. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief. The Board reviewed Petitioner’s application under the guidance provided in references (b) through (e). The Board, applying liberal consideration and relying on the AO, determined there was sufficient evidence to support a finding that Petitioner suffered from PTSD, which mitigated but did not excuse Petitioner’s misconduct that subsequently resulted in a BCD. In this regard, the Board concluded Petitioner’s characterization of service shall be changed to “general (under honorable conditions).” Additionally, in the interest of justice and in light of the potential for future negative implications, the Board further determined Petitioner’s narrative reason for separation be changed to “secretarial authority.” RECOMMENDATION: In view of the above, the Board directs the following corrective action: That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating that on 23 February 2005, Petitioner was discharged with a character of service as “general (under honorable conditions)” and narrative reason for separation as “secretarial authority.” No further action be granted. That a copy of this report of proceedings be filed in Petitioner’s naval record. 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.