DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3953-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER 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. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 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. 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 entered a period of active duty in the Marine Corps on 22 February 1994. As a recruit, Petitioner received three counseling entries for falling out of a two mile run on 1 March, 2 March, and 3 March 1994. Petitioner was then transferred to Physical Conditioning Platoon on 4 March 1994. On 4 March 1994 Petitioner was evaluated for symptoms of a cold and headache and diagnosed with hypertension. On 14 March 1994 a Medical Board determined that Petitioner was not qualified for military service under “Physical Standards for Enlistment” and recommended Petitioner be separated from the service by reason of “Enlisted in Error.” The Medical Board further stated that the physical condition existed prior to enlistment and had not been aggravated by military service. On 14 and 17 March 1994 Petitioner was notified of the Medical Board report findings, afforded his procedural rights, submitted no rebuttal, and waived his procedural right to have his case forwarded to the Physical Evaluation Board (PEB) for a determination of fitness or entitlement to disability. Petitioner was discharged on 25 March 1994 with an Entry Level Separation and an Uncharacterized characterization of service. d. Petitioner contends he was abused by his Drill Instructor and that the harassment tactics caused Petitioner overwhelming stress and humiliation. He states the experience caused his hypertension to become uncontrollable and he developed PTSD from the physical abuse. He would like full benefits from the Department of Veterans Affairs (VA). e. As part of the Board’s review, a qualified mental health provider reviewed Petitioner’s assertions and available records and provided an AO dated 26 March 2021. The AO noted that on 29 January 2020 a PTSD diagnosis to include Major Depression was established by the VA and Petitioner was assigned a 70% disability rating. 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 partial relief. The Board, applying liberal consideration, determined there was sufficient evidence to support a finding that Petitioner suffered from a physical condition at the time of discharge. The Board noted that Petitioner’s service record indicates he was screened as to whether his Drill Instructors had committed any abusive behavior, and Petitioner reported no allegations on 3 March and 4 March 1994. Additionally, the Board found that Petitioner was afforded and waived his procedural right to have his Medical Board forwarded to the PEB for evaluation on 14 March and 17 March 1994. Accordingly, the Board finds no error or injustice in Petitioner’s case. However, in the interest of justice and in light of the potential for future negative implications, the Board determined Petitioner’s narrative reason, separation 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 separation authority as “MARCORSEPMAN 6421,” separation code as “JFF1,” and narrative reason for separation as “Secretarial Authority.” Petitioner’s request to upgrade his characterization of service is denied. 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. 5/16/2021 3