DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7987-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO 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 (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 changes to his discharge characterization and narrative reason for separation. 2. The Board, consisting of , , and , reviewed Petitioner’s allegations of error and injustice on 6 August 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 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 the advisory opinion (AO) of 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 interest of justice to review the application on its merits. c. Petitioner enlisted in the Marine Corps on 4 January 1989. From 29 December 1990 to 22 June 1991, he was deployed in support of d. On 27 November 1991, Petitioner received nonjudicial punishment for operating a vehicle while intoxicated. On 28 April 1992, he was convicted by summary court-martial for driving while intoxicated and driving on the military base after revocation of the privilege and sentenced to reduction in rank and confinement. e. Subsequently, Petitioner was notified of pending administrative separation action by reason of misconduct due to pattern of misconduct. After he consulted counsel, he initially elected his right to an administrative discharge board (ADB) but, ultimately waived his right to an ADB on 22 July 1992. After he waived his procedural rights, Petitioner’s commanding officer recommended Petitioner be separated with an other than honorable (OTH) character of service due to misconduct. After the staff judge advocate determined the separation was sufficient in law and fact, the discharge authority directed Petitioner be discharged with an OTH character of service by reason of misconduct due to pattern of misconduct. Petitioner was discharged on 30 July 1992. f. Petitioner contends the following: (1) His discharge was unjust because PTSD was a major mitigating factor in his misconduct. Petitioner specifically contends that due to his undiagnosed chronic PTSD, he began to drink heavily to medicate his symptoms. (2) His discharge was unjust because his service meets the requirements for a discharge under honorable conditions. Petitioner specifically contends he is a combat veteran whose superiors rated as “excellent,” “above average,” and “someone who always could be depended on.” Despite the alcohol-related incidents, his immediate chain of command wished to retain him. (3) His post-service record, specifically his employment with the Department of Veterans Affairs (DVA) for 13 years, warrants clemency. In support of his contention, advocacy letters were submitted by his sister, a retired Senior Master Sergeant with the U.S. Air Force and current Federal Bureau of Investigation employee, his brother-in-law, a retired Marine and current Federal Police Officer, and a friend and peer from his DVA employment. g. As part of the Board’s review, a qualified mental health provider reviewed Petitioner’s assertions and available records and provided an AO on 17 June 2021. The AO confirmed Petitioner’s diagnoses of chronic PTSD from combat experiences, depressive disorder, and alcohol and stimulant use disorders also stemming from his in-service combat trauma. Based on the available evidence, the AO concluded the preponderance of objective clinical evidence supports Petitioner’s contention that he suffered from undiagnosed and untreated PTSD incurred from his combat experiences during his military service and that his PTSD condition mitigated his in-service misconduct. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief. The Board reviewed the application under the guidance provided in references (b) through (e). The Board, applying liberal consideration and relying upon the favorable AO, determined there was sufficient evidence to support a finding that Petitioner suffered from PTSD at the time of his military service and his misconduct should be mitigated. The Board specifically noted the Petitioner’s misconduct was solely alcohol-related and the credible discussion of his traumatic combat experience. Additionally, in the interest of justice, the Board further determined Petitioner’s narrative reason, 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 and discharge certificate indicating his characterization of service as “honorable,” narrative reason for separation as “secretarial authority,” separation code as “JFF1,” and separation authority as “MARCORSEPMAN 6421.” 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. 8/24/2021 Executive Director