Docket No: 1383-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER , USMC, XXX-XX- 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 Traumatic Brain Injury (TBI),” of 24 February 2016 (d) USD memo, “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,” of 25 August 2017 (e) SECDEF 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 (2) Advisory Opinion of 12 March 2021 (3) Case summary 1. Pursuant to the provisions of reference (a), Petitioner, a former member of the U.S. Marine Corps, filed enclosure (1) with this Board, requesting that his bad conduct discharge characterization of service be upgraded. As noted below, the Board voted to upgrade his discharge characterization of service to honorable. 2. The Board, consisting of , reviewed the subject former member’s allegations of error and injustice on 22 March 2021, 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 Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, including the 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 12 March 2021 advisory opinion (AO) furnished by a qualified mental health provider. 3. The Board, having reviewed all the facts of record pertaining to the subject former member’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. The Petitioner enlisted in the Marine Corps on 15 March 1968. According to his official military personnel file, the Petitioner served in the Republic of Vietnam commencing on 7 April 1969, and served in at least two different named operations while in the Vietnam. He returned from his final deployment on 5 March 1970. Prior to his overseas combat service, the Petitioner received nonjudicial punishment (NJP) twice for relatively minor offenses (a two day period of unauthorized absence and a one day period of unauthorized absence). As a result of his service in Vietnam, the Petitioner was awarded the Vietnam Service Medal with one star, the Combat Action Ribbon, and the Republic of Vietnam Campaign Medal with device. c. After his return from Vietnam, the Petitioner received NJP on 1 July 70, for being drunk in a public place. On 10 September 1971, the Petitioner was convicted by a special court-martial (SPCM) for two periods of unauthorized absence (UA) totaling approximately three months. In April 1972, he was convicted, twice, at summary courts-martial, for disrespect, failure to obey an order, and for breaking restriction. Finally, on 13 October 1976, the Petitioner was convicted by a SPCM for several periods of UA totaling over one year. As a result of his final court-martial, the Petitioner was awarded a bad conduct discharge. He commenced appellate leave on 1 November 1976, and his bad conduct discharge was executed on 8 August 1977. d. The Petitioner contends that his misconduct should be mitigated by in-service PTSD. He submitted the report of his civilian medical provider as an attachment to his petition, who opined as follows: “[Petitioner’s] current symptoms include: recurrent distressing memories, thoughts, images, and nightmares of the events he experienced while serving his country in the Vietnam War. He experiences flashbacks, impaired mental status, and physiological reactivity to these recurrent thoughts. He experiences irritable behavior, low frustration tolerance, exaggerated startle response, hypervigilance and insomnia.” e. In light of the Petitioner’s contentions, the Board requested the 12 March 2021 AO, which found as follows: I CONCUR with Petitioner's contention of PTSD stemming from traumatic combat experiences from Vietnam deployment April 69-March 70 for which he received the Combat Action Ribbon and Vietnam Service/Campaign Medals. He was subjected to constant combat operations as a radioman, forward based most of his tour. He witnessed the deaths/grievous injuries of close comrades and viewed many dead civilian and enemy bodies for which he felt guilt and shame in his role calling in-direct and air fire support. He felt in fear of his life the entire time. PTSD diagnosis well established in extensive post-discharge civilian and Department of Corrections outpatient/inpatient mental health clinical records (not available for BCNR petition in 2016). Post-discharge clinical records indicated he began to receive outpatient psychiatric treatment in 1972 and continued to received inpatient and outpatient psychiatric treatment on and off again to the present day for diagnoses of Complex PTSD, Anxiety Disorder (Not Otherwise Specified), and Alcohol Use Disorder. Though minor misconduct occurred prior to deployment (four NJPS for UA), his misconduct frequency and severity dramatically escalated after his Vietnam deployment to include four NJPs, two Summary Courts-Martial, and a Special Court-Martial resulting in his Bad Conduct Discharge. f. The AO thus concluded, “it is my considered medical opinion the preponderance of available objective evidence established that Petitioner suffered from PTSD at the time of his military service, and that his in-service misconduct manifested after his Vietnam deployment could be mitigated by his PTSD.” CONCLUSION Upon review and consideration of all the evidence of record, in view of references (b) through (e), and in view of the report of the AO, the Board found the existence of an error or injustice warranting relief. Specifically, the Board concluded that Petitioner’s behaviors contributed to his misconduct and his subsequent discharge, such that the Board agreed to upgrade his discharge to an honorable characterization of service set forth in the detailed recommendation below. RECOMMENDATION In view of the above, the Board directs the following corrective action: Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating an honorable characterization of service; discharged involuntarily when directed by the Secretary of the Navy as his narrative reason for separation; MARCORSEPMAN para 6012.1g as separation authority; JFF2 as SPD code, and RE-1J as his Reentry-Code. Petitioner be issued an honorable discharge certificate. That no further changes be made to Petitioner’s record. A copy of this report of proceedings shall 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 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.