From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 (2) Advisory Opinion 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 Petitioner’s naval record be corrected to reinstate him to paygrade E-5, issue him a Silver Star, provide him a list of awards to which he was entitled to wear, and issue replacement medals. Petitioner case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 8 October 2020, 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 the enclosures, relevant portions of the naval records, and applicable statutes, regulations, and policies. 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 enters active duty with the Marine Corps in November 1962 and completed an initial enlistment without incident. After reenlisting, Petitioner was deployed to in June 1966 where he served until August 1967. During his time in , Petitioner participated in 16 combat operations and earned a Purple Heart medal for a fragment wound to his leg. However, he also had a period of unauthorized absence from 2 December 1966 through 11 January 1967 that resulted in a summary court martial conviction that reduced him in rank from E-5 to E-4. Petitioner redeployed to the United States after completing his tour and had two additional periods of extended unauthorized absence that resulted in non-judicial punishment and another reduction in rank to E-3. After he returned from his second extended unauthorized absence in June 1968, Petitioner was diagnosed with Situational Reaction due to delayed combat stress with heavy drinking. He was subsequently hospitalized on 14 July 1968 after taking too many prescribed pills in a suicide gesture. However, after his release, Petitioner again left his unit without authorization which resulted in his referral to a Special Court-Martial. He was convicted and reduced in rank to E-1 before being discharged as a hardship case, in lieu of misconduct, as an act of clemency. c. Post-discharge, Petitioner continued to suffer from mental health issues. The Department of Veterans Affairs assigned him a disability rating of 50% for Depressive Reaction in the years following his discharge. Eventually, this Board placed Petitioner on the Permanent Disability Retirement List in 1982 after determining he was likely unfit for continued naval service at the time of his discharge from the Marine Corps. d. Petitioner is now before the Board requesting to be reinstated to paygrade E-5 as a matter of injustice due to his disability condition. He also requests award related relief that has not yet been adjudicated by the Marine Corps. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief. Specifically, the Board determined that Petitioner should be reinstated to paygrade E-4 effective the date of his placement on the Permanent Disability Retirement List after liberal consideration of Petitioner’s case. The Board concluded that Petitioner was suffering from a mental health condition that impacted his judgment after his return from Vietnam. He participated in 16 combat operations during his tour and was injured. Additionally, the Board relied on Petitioner’s mental health diagnosis from July 1968 which showed he was suffering from significant delayed combat related stress that required prescription of Thorazine to address his symptoms. Based on these findings, the Board found Petitioner’s mental health condition had a nexus to his post-deployment misconduct and the mitigation offered by his condition outweighed the severity of his misconduct sufficiently to merit reinstating him to paygrade E-4. The Board did not make a similar finding regarding his demotion from E-5 to E-4 due to his Summary Court Martial in since Petitioner continued to successfully participate in multiple combat operations after his period of unauthorized absence ended in early January 1967. Therefore, despite applying liberal consideration, the Board determined the preponderance of the evidence did not support a finding that a nexus existed between a mental health condition and his unauthorized absence while serving in . Regarding Petitioner’s request for a Silver Star Medal, list of awards, and replacement medals, the Board determined Petitioner must first exhaust his administrative remedies by requesting them through the Marine Corps. The Board noted Petitioner’s record contains a list of eligible awards and that he was previously granted replacement medals. After Petitioner exhausts his administrative remedies with regard to these requests, he may submit another request to this Board with evidence that an error or injustice exists in his record. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by changing his paygrade to E-4 effective the date of his placement on the Permanent Disability Retirement List. 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.