From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER MEMEBER , 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) USD memo, “Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction of Military/Naval Records by Veterans Claiming PTSD or Traumatic Brain Injury (TBI),” of 24 February 2016 (d) USD 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) USD memo of 25 Jul 2018 “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 (2) Brief sheet containing text of advisory opinion of 22 April 21 (3) Certificate of Release or Discharge from Active Duty (DD Form 214) of 13 July 2008 (4) Unit Punishment Book entry (3 May 2007 nonjudicial punishment) (5) Administrative remarks (Page 11 counseling re: 3 May 2007 nonjudicial punishment) (6) Command directed urinalysis ltr of 30 January 2008 (7) Drug testing specimen custody document of 30 January 2008 (8) Administrative remarks (Page 11 counseling re: 10 February 2008 self injury) (9) Administrative separation package of 12 July 2008 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) or honorable. As set forth below, the Board voted that the Petitioner be granted relief in the form of an upgrade to an honorable discharge plus associated relief. 2. The Board, consisting of , , and reviewed Petitioner’s allegations of error and injustice on 14 June 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 references (b) through (e), which include the 25 August 2017 guidance from the Under Secretary of Defense for Personnel and Readiness regarding requests by Veterans for modification of their discharge due to mental health conditions, sexual assault, or sexual harassment (Kurta Memo), the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel 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 also considered enclosure (2), the 21 April 2021 advisory opinion (AO) furnished by a qualified mental health provider, which is set forth in its entirety in the brief sheet in this matter. 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 enlisted in the Marine Corps on 6 November 2002. Enclosure (3). On 3 May 2007, the Petitioner received nonjudicial punishment for disobeying the orders of, and being disrespectful to, a commissioned officer and a staff noncommissioned officer. Enclosure (4). On 3 May 2007, the Petitioner was issued a written counseling concerning the actions underlying his recent nonjudicial punishment. Enclosure (5). On 30 January 2008, the Petitioner’s command directed that he submit a urinalysis, enclosure (6), and, as a result of the urinalysis, the Petitioner tested positive for use of cocaine. Enclosure (7). On 10 February 2008, the Petitioner was issued a written counseling warning him concerning his engaging in self-harm by cutting his arms. Enclosure (8). On 2 March 2008, the Petitioner was issued notification of administrative separation and his rights in connection therewith and he waived his right to an administrative board. Enclosure (9). On 12 July 2008, the discharge authority directed that the Petitioner be discharged with an other than honorable characterization of service, and on 13 July 2008, the Petitioner was so discharged. Enclosure (3). c. The Petitioner contends that his discharge characterization is unjust because, while he was on active duty, he was suffering from both a service-connected injury, which left him unable to perform his job, but also a mental health condition. Enclosure (1). According to the Petitioner, he was injured during the course of his job and after that occurred, he suffered from depression, which was being treated. Id. He further contends that he was sent to a medical facility at West Point for medical treatment, which involuntarily extended his service an additional year, and then he was told that the hospital used the wrong forms and he would need to have the process begin again, which greatly increased his mental health symptoms and led to the incident that caused his other than honorable discharge. Id. d. In connection with his assertion of suffering mental health conditions while on active duty, the Board obtained the advisory opinion (AO) set forth in enclosure (2). The AO was considered favorable to Petitioner. According to the AO, the Petitioner was diagnosed with several mental health conditions, as follows: Petitioner provided documentation of a plethora of in-service diagnoses between approximately August of 2006 and his discharge from service (i.e., Antisocial Personality Disorder, Adjustment Disorder, Benzodiazepine-related Disorder, Dysthymic Disorder, Generalized Anxiety Disorder, Major Depressive Disorder, Opioid Dependence, Panic Disorder without Agoraphobia, and Substance Induced Anxiety Disorder). The mental health issues appear to have been precipitated by a physical injury in August of 2006 (sinus barotrauma). His subsequent headaches and fibromyalgia diagnoses also coincide with the injury, as well as his benzodiazepine and opioid dependence. Petitioner acknowledged he lied about his panic attacks, after his sinus injury, in order to be provided pain medication (11 December 2006). e. With respect to connecting the Petitioner’s mental health condition to his misconduct, the AO stated that it “is difficult to ascertain which condition (mood/affective symptoms, drug dependence, personality disorder) is linked to his misconduct. Petitioner did serve with minimal misconduct prior to his sinus injury. His drug seeking behavior and mood/affective symptoms manifested after his sinus injury.” Ultimately, the AO concluded, “based on the available evidence, it is my considered medical opinion there is sufficient 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.” BOARD CONCLUSION The Board observed the complexity of the medical records at issue in Petitioner’s case file and relied upon, and concurred with, the finding of the AO that the Petitioner’s misconduct may be mitigated by his mental health condition. The Board determined that, applying liberal consideration, in light of the AO, and in light of references (b) through (e), relief in the form of upgrading the Petitioner’s characterization of service to honorable characterization of service as well as associated relief described below. BOARD RECOMMENDATION: That Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty to indicate he was discharged with an honorable characterization of service, secretarial authority narrative reason for separation, MARCORSEPMAN par. 6214 separation authority, and a JFF1 separation code; and That Petitioner be issued an honorable certificate of service; and that no further corrective action should be taken. 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 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. 6/24/2021 Deputy Director