DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8281-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO FORMER MEMBER 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 (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 an upgrade to his discharge characterization. 2. The Board, consisting of Mr. , Ms. , and Mr. , reviewed Petitioner’s allegations of error and injustice on 16 July 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 12 February 2001. He participated in more than 25 missions while deployed in support of OPERATION IRAQI FREEDOM and was awarded a Combat Action Ribbon due to actions from 20 March 2003 through 20 April 2003. d. On 28 March 2005, Petitioner received nonjudicial punishment for an unauthorized absence from 15 September 2004 to 15 March 2005. In a statement submitted by Petitioner on 16 March 2005, he stated the reason he absented himself was because he had been denied the help he needed. Petitioner explained that he had repeatedly requested to speak with a chaplain but was denied each time by his Staff Noncommissioned Officer in Charge, who told Petitioner “I don’t have time to deal with you and your problems, and you don’t have time to go to talk to a chaplain.” In his statement, Petitioner stated “I believe I may suffer from posttraumatic stress syndrome.” Petitioner further explained that he sought help in the civilian world and “was able to deal with [his] problems better and not stressed out as much.” e. Subsequently, Petitioner was notified of pending administrative separation action by reason of misconduct due to commission of a serious offense. 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. Petitioner was discharged on 20 April 2005. f. Petitioner contends he was a motivated and squared-away Marine before and during deployment but began “going through a lot of mental issues” after returning from deployment and was not allowed to seek help. The mental issues, along with the feeling that he was “not the strong and courageous Marine” he thought he was, impacted his decision to “run away” and seek help from his local church. After receiving help, he contends he returned to face the consequences. 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 has been diagnosed by the Department of Veterans Affairs healthcare system with chronic PTSD, generalized anxiety disorder, panic disorder, and major depressive disorder from his military combat trauma. The AO further confirmed Petitioner’s in-service report of PTSD symptoms and his documented request for mental health referral for combat-related fear, anxiety, and depression. Based on the available evidence, the AO concluded the evidence supports Petitioner’s contention he suffered from undiagnosed and untreated PTSD incurred from his combat experiences during 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 his 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. 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. 8/6/2021 Executive Director