DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5731-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER , USMC, 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 narrative reason for separation be removed and his reentry code adjusted accordingly. 2. The Board, consisting of , , and , reviewed Petitioner’s allegations of error and injustice on 23 June 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 Marine Corps on 12 June 1986. Personnel records indicate he was hospitalized at a non-military hospital on 10 February 1995. Petitioner was discharged on 28 April 1995 with an honorable characterization of service and a narrative reason of “convenience of the government, condition not a physical disability, personality disorder (without administrative discharge board).” Petitioner’s service record is incomplete; however, the Board relies on a presumption of regularity to support the official actions of public officers, and in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. c. Petitioner’s service history is significant for having been awarded the Sea Service Deployment Ribbon with 5 stars, Good Conduct Medal with 1 star, Southwest Asia Service Medal with 2 stars, Kuwait Liberation Medal, Navy Commendation Medal with Combat “V,” and Combat Action Ribbon from Desert Shield/Storm among other awards and decorations. d. The Department of Veterans Affairs (VA) granted Petitioner service connection for PTSD with an evaluation of 30% on 21 November 2019. e. Petitioner contends he was recently clinically diagnosed with PTSD and according to his VA doctor, Petitioner’s current narrative reason for separation was commonly used at that time in the absence of a verifiable reason or diagnosis. Petitioner further contends his doctor also stated that it is more likely than not that PTSD was the cause of the issue related to his discharge and not a “personality disorder.” Petitioner states he did not understand his condition while in-service and therefore did not seek treatment. f. As part of the Board’s review, a qualified mental health provider reviewed Petitioner’s assertions and available records and provided an AO dated 29 April 2021. The AO noted that the clinical evidence supports the development of a post-combat deployment mental health condition, likely PTSD. Furthermore, given PTSD can present as a personality disorder in crisis, as well as many other mental health disorders, it is not surprising to see a personality disorder diagnosis in someone with likely evolving PTSD. Therefore, the AO concluded that the objective evidence supports the Petitioner’s contention that PTSD was the primary mental health condition that led to his discharge. 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 full relief and his narrative reason for separation and reentry code should be changed to “Secretarial Authority.” The Board, applying special consideration and relying on the AO, determined there was sufficient evidence to support a finding that Petitioner suffered from a post-combat deployment mental health condition at the time of discharge and that this condition led to his discharge. Furthermore, in the interests of justice and in light of the potential for future negative implications, the Board further determined Petitioner’s 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 6214,” separation code as “JFF1,” 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. 7/9/2021 Executive Director