DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6843-20 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 13 Apr 21 1. Pursuant to the provisions of reference (a), Petitioner filed enclosure (1) with this Board requesting his under other than honorable (OTH) discharge be upgraded to Honorable, due to Post-Traumatic Stress Disorder (PTSD). Additionally, he is requesting the correct spelling of the word “Beruit” in block #18 remarks, and signature in block #12 be corrected on his Certificate of Release or Discharge from Active Duty (DD Form 214). He also impliedly requested that the narrative reason for separation discharge, separation authority, and separation code be changed. Enclosures (1) and (2) apply. 2. The Board, consisting of Ms. Mr. , and Mr. reviewed Petitioner's allegations of error and injustice on 21 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 Subj: REVIEW OF NAVAL RECORD OF FORMER LCPL , USMC, 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 30 December 1980. c. Petitioner had a period of unauthorized absence (UA) from 4 to 8 March 1983, for a total of four days. d. During the period from 25 October to 2 November 1983 and 17 November 1983 to 26 February 1984, Petitioner participated in operations with the Multinational Peacekeeping Force in Beirut Lebanon. e. During the period from 3 July to 15 November 1984, Petitioner had two additional periods of UA totaling 19 days. f. On 7 November 1984, Petitioner submitted a written request for discharge in lieu of trial by court-martial. The offenses committed were not found in the record. g. On 10 November 1984, the separation authority directed that the Petitioner receive an OTH discharge, and that he be assigned a reenlistment code of RE-3B, which is assigned when there is a military or civil record of in-service drug involvement. h. On 14 November 1984, a staff judge advocate reviewed Petitioner’s case and found it to be sufficient in law and fact, and recommended that the request be granted. i. On 15 November 1984, the separation authority approved Petitioner’s request and that he receive an OTH discharge in lieu of trial by court-martial. j. On 20 November 1984, Petitioner was discharged from the Marine Corps with an OTH characterization of service. k. In his application, Petitioner states that he served honorably and had a single bad incident, and abused alcohol as a means to self-medicating PTSD. He added that he was driving back to his ship, and was involved in a fatal crash, and his best friend was killed, he was never counseled, and was treated like nothing happened. He contends that afterward he turned to alcohol, missed formation and only had one month left to get out honorably. l. Enclosure (2), states that based on the available evidence, there is indirect evidence Petitioner exhibited behaviors associated with PTSD during his military service and his misconduct may be mitigated by his PTSD. m. 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 for what appears to be for unauthorized absence, and military or civil record of in-service drug involvement, and does not condone his actions. However, based upon Petitioner’s overall record, given our current understanding of mental health conditions, and especially in light of enclosure (2), relief in the form of his characterization of service should be changed to “General.” The Board did not vote on the correct spelling of “Beirut” or signature block, due to the Petitioner receiving a new DD Form 214, which will presumably have the correct spelling. Petitioner’s original service record was incomplete and did not contain all of the documentation pertaining to his discharge from the Marine Corps. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 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 20 November 1984, he received a general (under honorable conditions) discharge. That the narrative reason for discharge was “Secretarial Authority.” That the separation authority to read “MARCORSEPMAN par 6214” That the separation code to read “JFF1.” 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. 6/25/2021 Executive Director