DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 10286-16 SEP 05 2017 From: Chairman, Board for Correction of To: Secretary of the Navy aval Records Ref: (a) Title 10 U.S.C. 1552 (b) SECDEF Memo of3 Sep 14 "Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PTSD" (c) PDUSD Memo of24 Feb 16 "Consideration ofDischarge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction of Military/Naval Records by Veterans Claiming PTSD or TBI" Encl: (1) DD Form 149 w/attachments (2) Case summary (3) BUMED memo [REDACTED] (4) Subject's naval record (excerpts) 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (I) with this Board requesting, in effect, that his "other than honorable conditions discharge" be changed to "honorable." Enclosures (1) through (4) apply. 2. The Board, consisting of [NAMES REDACTED], reviewed Petitioner's allegations of error and injustice on 12 May 2017 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 the enclosures, naval records, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts ofrecord 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 waive the statute of limitations and review the application on its merits. c. Petitioner enlisted in the Marine Corps, began a period of active duty on 8 September 2004. d. The Petitioner deployed to Iraq and served in combat operations in Operation fraqi Freedom and Operation Enduring Freedom (OfF/OEF) during the period of August 2006 to February 2007. Thereafter, the Board found that upon the Petitioner's return from deployment from Africa during the period of August 2007 and March 2008, he started to show signs of symptoms of Post Traumatic Stress Disorder (PTSD). e. The Board noted that the Petitioner was charged by civil authorities with assault and battery on his spouse. f. The Petitioner was diagnosed with PTSD by the Navy Health Clinic on 11 May 2011. g. On 18 November 2011, the Petitioner was discharged with an Other than Honorable Condition characterization of service. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light ofenclosure (2) and (3), the Board concludes that Petitioner's request warrants relief. The Board reviewed his application under the guidance provided in references (b) and (c). Specifically, the Board considered whether the Petitioner's application was the type that was intended to be covered by this policy. The purpose ofthe Secretary of Defense memorandum is to ease the process for veterans seeking redress and assist the Boards in reaching fair and consistent results in "these difficult cases." The memorandum describes the difficulty veterans face on "upgrading their discharges based on claims of previously unrecognized" PTSD. The memorandum further explains that since PTSD was not previously recognized as a diagnosis at the time of service for many veterans, and diagnoses were often not made until after service was completed, veterans were constrained in their arguments that PTSD should be considered in mitigation for misconduct committed or were unable to establish a nexus between PTSD and the misconduct underlying their discharge. in this regard, based upon his record ofservice, to include service in OIF/OEF, Africa and in service diagnosis of PTSD, relief in the form of his characterization of service should be changed to a "honorable." The Board notes Petitioner's misconduct and does not condone his actions. However, the Board's decision is based on Petitioner's evidence as reflected in his tour in OlF/OEF, and subsequent period of alcoholism and being charged with assault and battery by civil authorities. The Petitioner's assertion of PTSD was supported with a medical diagnosis and the Board concluded that the time spent in OlF/OEF was a causative factor in Petitioner's misconduct. The Board was able to reasonably conclude that the PTSD condition existed at the time of his misconduct, and subsequently resulted in his other than honorable discharge. After carefully considering all the evidence, the Board felt that Petitioner's assertion of PTSD should mitigate the misconduct Petitioner committed while on active duty since this condition outweighed the severity of the misconduct. With that being determined, the Board concludes that no useful purpose is served by continuing to characterize the Petitioner's service as having been under other than honorable conditions and re-characterization to an honorable discharge is now more appropriate. In view ofthe foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION: That Petitioner's naval record be corrected, where appropriate, to show that: That Petitioner's naval record be corrected to show that he received an honorable discharge on 18 November 2011 vice the under other than honorable conditions discharge actually issued. That Petitioner be issued a new Certificate of Release or Discharge from Active duty (DD Form 214). That a copy of this report of proceedings be filed in Petitioner's naval record. That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 22 August 2016. 4. It is certified that quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's pro edings in the above entitled matter. 5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures of the Board for Correction ofNaval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority ofreference (a), has been approved by the Board on behalf ofthe Secretary of the Navy. Executive Director