DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4464-20 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER , USMC, Ref: (a) 10 U.S.C. §1552 (b)SECDEF Memo of 3 Sep 14 “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PTSD” c)PDUSD Memo of 24 Feb 16 “Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction of Military/Naval Records by Veterans Claiming PTSD or TBI” (d) PDUSD Memo of 25 Aug 17 “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” (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 w/enls (2) Advisory opinion of 2 Apr 21 1. Pursuant to the provisions of reference (a), Petitioner filed enclosure (1) with this Board requesting his Other than Honorable (OTH) discharge be upgraded to Honorable on his Certificate of Release or Discharge from Active Duty (DD Form 214) due to Post-Traumatic Stress Disorder (PTSD). Enclosures (1) and (2) apply. 2. The Board, consisting of Ms. , Mr. , and Ms. reviewed Petitioner's allegations of error and injustice on 7 June 2021, and pursuant to its regulations, determined that the partial corrective action indicated below should be taken. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval records, applicable statutes, regulations, policies, to include 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 advisory opinion (AO) furnished by a qualified mental health provider, which was previously provided to Petitioner. 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 enlisted in the Marine Corps and began a period of active duty on 23 April 1976. c. On 23 September and 5 October 1976, Petitioner received nonjudicial punishment (NJP) for a less than 24-hour period of unauthorized absence (UA) and willfully damaging a bulkhead. d. On 16 October and 11 December 1978, Petitioner received NJP for a disobedience of a lawful order, and three days of UA. e. During the period from 29 March to 17 October 1979, Petitioner received four NJPs for a less than 24-hour period of UA, willfully breaking into another Marine’s wall-locker, being absent from his appointed place of duty, two specifications of disobeying a lawful order. f. On 23 October 1979, Petitioner was notified of administrative discharge action for misconduct due to frequent involvement with military authorities. After being afforded his procedural rights, he elected to waive his right to request that his case be heard before an administrative discharge board. Additionally, his case was forwarded to the separation authority with the recommendation that he receive an other than honorable (OTH) discharge due to misconduct. g. On 11 December 1979, a Staff Judge Advocate reviewed Petitioner’s case, and it was found to be sufficient in law and fact. h. On 3 January 1980, Petitioner was discharged from the Marine Corps with an OTH characterization of service. i. With his application, Petitioner stated his discharge was caused by an assault on him by his “drill sergeant.” The assault led to worsening of his mental health, and PTSD claim with the Department of Veterans Affairs. j. Enclosure (2), states that based on the available evidence, the preponderance of objective evidence established Petitioner was diagnosed with PTSD post-discharge, suffered from PTSD at the time of his military service, and his in-service misconduct could be mitigated by his undiagnosed condition of PTSD. k.Petitioner’s request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014 and the "Clarifying Guidance to Military Discharge Review Board 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" memorandum of 25 August 2017. CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that the Petitioner’s request warrants partial favorable action in the form of relief. The Board reviewed his application under the guidance provided in references (b) through (e) intended to be covered by this policy. In this regard, the Board noted Petitioner’s misconduct, and does not condone his actions. However, based upon Petitioner’s overall record, and given our current understanding of mental health conditions, relief in the form of his characterization of service should be changed to “General.” In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. RECOMMENDATION Petitioner be issued a new DD Form 214, showing that on 3 January 1980, he received a “General (under honorable condition)” characterization of service. That no further action be granted. 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. 6/15/2021 Executive Director