Docket No: 2275-20 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 DischargeDue 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 18 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 other than honorable characterization of service to honorable, his narrative reason for separation to Secretarial Authority, and to adjust his separation and reenlistment codes accordingly. As noted below, the Board voted to grant his requested relief in full. 2. The Board, consisting of , reviewed the subject former member’s allegations of error and injustice on 29 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 18 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 27 November 2001. During his time in service, the Petitioner deployed twice in support of Operation Iraqi Freedom, and he was awarded, among other medals and ribbons, the Combat Action Ribbon, the Global War on Terrorism Expeditionary Medal, and the Iraq Campaign Medal. During his second deployment, the Petitioner attempted suicide, and his quality of service deteriorated markedly. Upon his return from his second deployment, the Petitioner contends that the Marine Corps was not addressing his psychological concerns, so his father arranged for the Petitioner to be seen by a civilian psychiatrist. The civilian psychiatrist diagnosed the Petitioner with bipolar disorder, and prescribed the Petitioner the drug lithium. c. During the latter part of his tenure in the Marine Corps, the Petitioner faced several instances of discipline. On 7 January 2004 he received nonjudicial punishment for disrespect and disobeying the order of a gunnery sergeant, and for being drunk and disorderly. On 15 September 2004, he received nonjudicial punishment for failing to go to his appointed place of duty. On 18 November 2004 he commenced a period of unauthorized absence and returned to military authority on 6 December 2004. In March 2005, he tested positive for the unauthorized use of cocaine. The Petitioner was facing a court-martial for charges relating to unauthorized absence and unauthorized use of cocaine and on 26 April 2005, he be requested that he be separated in lieu of court-martial. In his request for separation in lieu of court-martial, the Petitioner contended that he struggled with mental health issues his entire life, and that he and his father fully disclosed his mental health issues to his recruiter upon enlisting in the Marine Corps. His request was granted, and on 26 May 2005, he was discharged with an other than honorable characterization of service. d. In 2019, the Petitioner sought relief from the Naval Discharge Review Board (NDRB), contending that his mental health issues were a mitigating factor in his misconduct. On 30 January 2020, the NDRB denied the Petitioner’s application, explaining that the Petitioner’s mental health issues “did not mitigate the Applicant’s misconduct. The NDRB is unable to establish this contention as a basis for mitigation or consideration as an extenuating circumstance. Relief denied.” e. In his petition before this Board, the Petitioner focused in large part on his more recent diagnosis of Huntington’s Disease, and that this disease mitigated his misconduct. Specifically, that the “Petitioner’s outbursts and behavior were the direct result of his genetic neurological condition which affected his ability to make well-informed decisions.” In light of the Petitioner’s contentions, the Board requested the 18 March 2021 AO, which found, in pertinent part, as follows: I concur with Petitioner’s contention of mitigation due to a mental health condition. The objective history does not support Huntington’s Disease as a mitigating factor during his enlistment; however, Petitioner’s history does support the existence of PTSD from two deployments in support of Operation Iraqi Freedom, in which he was exposed to significant combat operations for which he received the Combat Action Ribbon, Iraqi Campaign Medal, and GWOT Service/Expeditionary Medals. He described witnessing numerous combat deaths of comrades and civilians, feared for his life constantly, witnessed the suicide of another Marine, and endorsed symptoms of insomnia, nightmares, depression, anxiety, panic episodes among other psychological symptoms post deployment. f. The AO concluded, “based on the available evidence, it is my considered medical opinion the preponderance of objective evidence established Petitioner was diagnosed with PTSD postdischarge, suffered from PTSD at the time of his military service, and his in-service misconduct could be attributed to 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 PTSD contributed to his misconduct and his subsequent discharge, such that the Board agreed to grant the Petitioner’s requested relief as set forth in the detailed recommendation below. 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, narrative reason for separation: “Secretarial Authority,” SPD code assigned “JFF1,” reenlistment code “RE-1J,” separation authority “MARCORSEPMAN 6214,” and issuing him a 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. 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.