Docket No: 8291-20                                                                                                                        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  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 
          (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, reenlistment code, and narrative reason, separation authority, and separation code. 
 
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 18 September 1989.   
 
 d.  On 14 August 1992, Petitioner admitted to wrongful use of marijuana while he was on temporary duty to the Philippines.  On 29 August 1992, he received nonjudicial punishment for wrongful use of marijuana. 
  
 e.  Subsequently, Petitioner was notified of pending administrative separation action by reason of misconduct due to drug abuse.  After he consulted counsel and waived his procedural rights, Petitioner’s commanding officer recommended Petitioner be separated with an other than honorable (OTH) character of service due to misconduct.  With the concurrence of each endorser and 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 drug abuse.  Petitioner was discharged on 25 September 1992 and assigned a RE-4 (not recommended for reenlistment) reentry code. 
 
 f.  Petitioner contends the following: 
 
  (1) He was discharged for limited and voluntarily disclosed marijuana use.  The incident was isolated and an attempt to self-medicate from mental health symptoms caused when he learned his younger sister had been raped.  The incident, swiftly punished with an OTH discharge, was a mistake Petitioner made when coping with anger, frustration, and depression.   
 
  (2) He sought mental health treatment but it was ineffective so he discontinued his appointments with the base physician. 
 
  (3) His misconduct was not willful or persistent and did not define his otherwise honest and faithful service, as recognized by the Department of Veterans Affairs’ (VA) determination that his service was honorable for VA purposes.   
 
  (4) Limited self-medication with marijuana under the circumstances of this case warrants liberal consideration under the Kurta and Wilkie guidance.   
 
  (5) Since discharge, Petitioner has obtained an associate’s degree, become a decorated police officer, married, and raised a family.  He submitted documentation in support of his post-service character and achievements.   
 
  (6) He suffered from depression, which contributed to and mitigates the single misconduct citation for which he was discharged.  Petitioner’s situation satisfies the four elements outlined in the Kurta memo.   
 
   (7) Petitioner is deeply remorseful for his actions and has worked to turn his life around since discharge.  He contends, in detail, that numerous Wilkie factors apply, such as candor, remorse, severity of the misconduct, acceptance of responsibility, length of time since the misconduct, age at time of misconduct, youthful indiscretion, meritorious service, evidence of rehabilitation, and job history.   
  
 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 2 May 2021.  The AO confirmed Petitioner’s in-service record revealed a separation physical which referenced a psychiatric consultation.  The AO also discussed medical notes from 17 June 1992 and 22 June 1992 which mentioned anger issues, problems controlling mood, depression, and dysphoric feelings.  In July 1992, he presented to medical with a possible hand fracture, and it was noted the injury was likely the result of hitting a locker.  In his voluntary statement regarding his marijuana use, Petitioner also referred to his stress and family problems.  The AO also noted the VA’s determination that Petitioner’s service was honorable for VA purposes.  Based on the available evidence, the AO concluded there is sufficient evidence that Petitioner exhibited behaviors associated with a mental health condition during military service and that his misconduct may be mitigated by his mental health condition.   
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants partial 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 a mental health condition at the time of his military service and his misconduct should be mitigated.  The Board specifically noted the absence of other misconduct and the credible discussion of a traumatic event.  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.”  However, the Board, applying liberal consideration, concluded the RE-4 reentry code was appropriate and authorized and determined there was insufficient evidence of an error or injustice warranting granting his request to change the reentry code to RE-1 (recommended for reenlistment). 
 
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