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) 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 (c) PDUSD 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 (d) Advisory Opinion dtd 1 Apr 2021 Encl: (1) DD Form 149 w/attachments (2) Case summary 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 by upgrading his discharge characterization from other than honorable to (general) under honorable conditions. As described below, the Board recommended that the Petitioner’s requested relief be granted. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 17 May 2021 and, pursuant to its regulations, determined that 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, and, the 25 August 2017 guidance from the Under Secretary of Defense for Personnel and Readiness regarding mental health conditions (Kurta Memo), reference (b), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo), reference (c). Additionally, the Board also considered the reference (d) 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 commenced an enlistment in the Marine Corps on 24 January 1985. On 11 June 1986, he received nonjudicial punishment for using marijuana. On 5 August 1986, he received a written warning concerning his use of alcohol and his lack of responsibility. The Petitioner was facing charges for using marijuana and cocaine, so on 17 September 1986, he submitted a request for discharge in lieu of a trial by court-martial. On 29 September 1986, the discharge authority granted the Petitioner’s request and directed that he be discharged with an other than honorable characterization of service. On 7 October 1986, the Petitioner was discharged with an other than honorable characterization of service. c. The Petitioner contends that he was attacked (punched) when he was in the Marine Corps, and it caused within him a mental health condition that mitigates his misconduct. The Petitioner provided a letter from a medical provider supporting his mental health condition. In addition, the Petitioner provided significant post-service clemency materials, including letters of support from clergy, family, and co-workers, and photographs relating to his accomplishments. d. In connection with the Petitioner’s assertions concerning a mental health condition while in the Marine Corps, the Board obtained the AO. The AO explained that the Petitioner’s “service record revealed he was hit in the jaw on 26 October of 1985, at which time he asserted he was assaulted by a sergeant.” Further, “[o]n 7 March 1986, he presented to medical requesting help with emotional difficulty. He was described as restless, anxious, rapid speech, and preoccupied with events (assault). He explained he felt distraught over the Marine who assaulted him not being convicted. He also expressed feelings of anger, betrayal, and feeling ‘justice was not done.’” The AO concluded, “there is sufficient direct evidence Petitioner exhibited behaviors associated with a mental health condition during his military service and his misconduct may be mitigated by his mental health condition.” CONCLUSION Upon review and consideration of all the evidence of record, the Board determined that the relief the Petitioner seeks is warranted. The Board concurred with the finding of the AO. In concluding that relief is warranted, the Board also relied upon the clemency factors set forth in the Wilkie Memo and determined that the Petitioner submitted substantial clemency materials to support his request that the Board grant him clemency in relation to his discharge characterization. RECOMMENDATION In view of the above, the Board directs the following corrective action: Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating that his characterization of service was general (under honorable conditions), the narrative reason and authority for his separation was Secretarial Authority, MCO P1900.16B 6012.1 (discharged involuntarily when directed by the Secretary of the Navy), SPD JFF1. His reentry code shall remain as RE-4; and That no further changes be made to Petitioner’s record. 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. 5/20/2021 Executive Director