Docket No: 3364-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER USN, 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 TBI,” of 24 February 2016 (d) PDUSD 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) 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 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 Honorable characterization of service, the narrative reason be changed to “Secretarial Authority,” and the corresponding codes adjusted accordingly. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 21 April 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 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta 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 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. Petitioner entered a period of active duty in the Navy on 28 January 2002. He deployed to Iraq in support of Operation Iraqi Freedom from 1 November 2002 to 15 July 2003. On 11 December 2003 Petitioner received Nonjudicial punishment for Article 112a, wrongful use of a controlled substance, cocaine. He was notified of administrative separation processing for misconduct by reason of drug abuse, waived his procedural rights, and discharged on 12 February 2004 with an Other Than Honorable characterization of service. c. On 5 December 2004 Petitioner’s Battalion Commander recommended to the Separation Authority that Petitioner be retained and if separated, that he receive a General (Under Honorable Conditions) characterization of service due to “his heroic service during OIF.” d. Petitioner was diagnosed by the Department of Veterans Affairs (VA) with PTSD post-discharge. e. Petitioner contends he suffers from PTSD as a result of his experience in Operation Iraqi Freedom and that he self-medicated to deal with the trauma he experienced as a corpsman. Per References (b) – (e), equity supports relief. f. In support of his application Petitioner provided mental health treatment documentation, a letter noting his volunteer work as a mentor for a , and 5 character references on his behalf. He also provided a document indicating he has no post-service criminal record. g. As part of the Board’s review, a qualified mental health provider reviewed Petitioner’s assertions and available records and provided an AO dated 16 March 2021. The AO noted that Petitioner’s in-service record revealed a post-deployment questionnaire which Petitioner filled out upon his return from Iraq in September of 2003 endorsing PTSD symptoms. The AO further noted it is common for people who are experiencing mental health symptoms to minimize or ignore them, as Petitioner did when he declined help for stress, emotional, alcohol, or family problems in the same questionnaire. The AO concluded that there is sufficient direct evidence Petitioner exhibited behaviors associated with PTSD during his military service and his misconduct may be mitigated by his PTSD. CONCLUSION: The Board reviewed Petitioner’s application under the guidance provided in references (b) through (e). Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief and that his characterization of service should reflect an Honorable discharge. The Board, applying liberal consideration and relying on the AO, determined there was sufficient evidence to support a finding that Petitioner suffered from PTSD at the time of discharge. The Board took into consideration Petitioner’s 8 month deployment as a combat medic and in particular noted the comments made by his Reporting Senior (RS) on his post-deployment evaluation. Petitioner’s RS stated, “Throughout the deployment he [Petitioner] successfully treated patients during normal and hostile conditions. Provided excellent care to Iraqi civilians and military. Handpicked to act as the Battalion Commander’s corpsman while in . This has demanded great flexibility and dedication in where he is part of a permanent patrol team that conducts daily patrols which maintains stability.” Additionally, the Board noted that Petitioner’s single incident of misconduct occurred approximately 3 months after he endorsed symptoms of PTSD and that the timing of Petitioner’s misconduct is consistent with his contention of self-medicating after his return from combat. In the interest of justice and in light of the potential for future negative implications, the Board further determined Petitioner’s narrative reason, separation code, reenlistment code, and separation authority should be changed to “Secretarial Authority.” RECOMMENDATION: In view of the above, the Board directs the following corrective action: Petitioner be issued a new DD Form 214 indicating the characterization of service as “Honorable,” separation authority as “MILPERSMAN 1910-164,” separation code as “JFF,” reentry code as “RE-1J,” and narrative reason for separation as “Secretarial Authority.” 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. 5/11/2021 Executive Director