DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1546-21 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER 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 Post Traumatic Stress Disorder,” of 3 September 2014 (Hagel Memo) (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) USD Memo, “Clarifying Guidance to Military Discharge Review Boards and 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 (Kurta Memo) (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 w/attachments (2) Advisory Opinion of 19 Apr 21 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 characterization of service from other than honorable to honorable. 2. The Board consisting of Ms. , Mr. , and Ms. reviewed Petitioner’s allegations of error and injustice on 12 July 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. 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 25 August 2017 guidance from the Secretary of Defense regarding requests by Veterans for modification of their discharge due to mental health conditions, sexual assault, or sexual harassment (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 also 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 interest of justice to review the application on its merits. c. Petitioner enlisted in the U.S. Marine Corps and began a period of active duty on 19 June 1995. d. From 16 January 1997 to 21 January 1997, Petitioner discovered that his child was being abused by the babysitter, who is a fellow Marine’s spouse. Over the course of the following year, the Petitioner and his spouse were investigated by social services for child abuse; however, they regained custody of their child upon being cleared of any potential criminal action. e. On 28 April 1997, Petitioner absented himself from his unit for about twenty (20) hours, and subsequently received non-judicial punishment (NJP) for being in an unauthorized absence (UA) status and additional charges of disobeying an order and dishonorably failing to place sufficient funds in his bank for payment. f. On 13 May 1997, Petitioner was given an administrative counseling for driving aboard while base privileges were suspended. Petitioner was notified that further infractions may result in disciplinary action or processing for administrative separation. g. On 15 July 1998, Petitioner was in a UA status for a period of about sixty-four (64) days until he surrendered to his command on 17 September 1998. h. Petitioner’s record is incomplete and his Official Military Personnel File contained microfiche that was difficult to read; however, the record revealed that Petitioner submitted a request for Separation in Lieu of Trial (SILT) by court-martial due to his UA period. i. On 26 February 1999, the Staff Judge Advocate determined proceedings were sufficient in law and fact, and recommends approval of the SILT. The discharge authority approved the SILT and directed Petitioner be separated with an other than honorable (OTH) characterization of service. On 19 March 1999, Petitioner was discharged from the U.S. Marine Corps with an OTH. j. In his application, Petitioner contends he felt trauma during the entire experience of his son almost dying, the unit refusing him time to take care of his son, and having to work with the Marine whose spouse caused the situation. He further contends he went UA to take his son and wife home to be with family so they could be taken care of. He states he was a good Marine with high marks and, but for the situation that contributed to his misconduct, he would have not been discharged. k. Petitioner contends he was diagnosed with Post-Traumatic Stress Disorder (PTSD) and depression fifteen (15) years ago. l. As part of the review process, a qualified mental health provider reviewed Petitioner’s assertions and available records, and issued a favorable AO (enclosure 2). The AO concluded there is 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. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concluded that the Petitioner’s request warrants favorable action in the form of relief. The Board reviewed his application under the guidance provided in references (b) through (e) intended to be covered by this policy. In this regard, the Board noted Petitioner’s misconduct, and does not condone his actions. However, based upon Petitioner’s overall record, to include high performance marks in conduct, in light of enclosure (2), and given our current understanding of mental health conditions, relief in the form of changing his characterization of service to “honorable” should be granted. Additionally, the separation authority, separation code, and narrative reason for discharge should be changed. In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION: Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating his characterization of service as “honorable”, narrative reason for separation to read “Secretarial Authority”, separation authority to read “MARCORSEPMAN 6421,” and separation code to read “JFF.” No further action be granted. 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. 7/23/2021 Executive Director