DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7395-20 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, 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 naval record be corrected to reflect a general (under honorable conditions) characterization of service. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 2 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. Although enclosure (1) was not filed in a timely manner, it is in the interests of justice to review the application on its merits. c. Petitioner entered a period of active duty in the Marine Corps on 6 February 2002. On 9 June 2003 Petitioner began a 9 day period of unauthorized absence (UA) that ended on 18 June 2003 when he surrendered. He was subsequently hospitalized at a Military Treatment Facility (MTF) as in inpatient for three days for evaluation of depressive symptoms and recent suicidal gesture during his period of UA. Petitioner was diagnosed with Depression NOS, Polysubstance Abuse, and Antisocial Personality Disorder. On 1 July 2003 the Division Psychiatrist diagnosed Petitioner with Personality Disorder NOS with Immature and Antisocial features that existed prior to enlistment. The Division Psychiatrist recommended expeditious administrative separation processing by reason of unsuitability. On 19 September 2003 Petitioner received nonjudicial punishment (NJP) for wrongful substance abuse, marijuana in violation of Article 112a, Uniform Code of Military Justice (UCMJ). He was notified of administrative separation processing by reason of drug abuse and afforded his procedural rights. He chose to waive his right to consult with counsel and to have his case heard before an administrative discharge board. Petitioner was discharged on 23 January 2004 with an other than honorable (OTH) characterization of service. d. Petitioner contends he enlisted with a preexisting condition of mild PTSD that was further aggravated by his 1 year and 11 months of service due to being hazed. He states the hazing continued from basic training, during infantry training, and while stationed at . He further states that after his return from deployment to he was severely depressed, upset, and had no one to turn to within his unit. Petitioner concedes he resorted to going UA and abusing drugs and alcohol in an effort to cope with his depression. Petitioner further contends the Personality Disorder diagnosis he received prior to discharge was commonly assigned to service members during that time in lieu of a more severe diagnosis. e. 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 personality disorders are characterized by a longstanding pattern of unhealthy behaviors and thinking patters and there is no evidence to support such a pattern within the in-service records available for review. Furthermore, it is common for a person suffering from mental health symptoms to resort to maladaptive coping skills such as avoidance and substance abuse. The AO concluded that 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 condition. f. In support of his application, Petitioner provided documentation to show he is certified as an Alcohol and Drug Counselor (expires 1 August 2021), states he is six years sober (as of the application date of 31 May 2018), and submitted five character references on his behalf. 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 relief and his characterization of service should reflect general (under honorable conditions). The Board, applying liberal consideration and relying on the AO, determined there was sufficient evidence to support a finding that Petitioner suffered from a mental health condition at the time of discharge. In its deliberations the Board also noted that Petitioner’s misconduct occurred after the hazing began and after he had been hospitalized for a mental health condition. Accordingly, the Board found that Petitioner’s condition, even if it did exist prior to entry, was exacerbated by an experience that occurred in-service establishing a sufficient nexus between the condition and misconduct. Furthermore, in the interests of justice and in light of the potential for future negative implications, the Board further determined Petitioner’s narrative reason, separation code, and separation authority should be changed to “Secretarial Authority.” Petitioner’s reentry code shall reflect RE-4 vice RE-4B. RECOMMENDATION: In view of the above, the Board directs the following corrective action: Petitioner be issued a new DD Form 214 indicating the characterization of service as “General (Under Honorable Conditions),” separation authority as “MARCORSEPMAN 6214,” separation code as “JFF1,” reentry code as “RE-4,” 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. 7/7/2021