DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 10703-16 
NOV 2 2017 

From: Chairman, Board for Correction of Naval Records 
To: Secretary ofthe Navy 
Subj: REVIEW OF NAVAL RECORD OF 
Ref: (a) 10 U.S.C. 1552 
(b) Secretary of Defense's Memorandum, "Supplemental Guidance to Military Boards for 
Correction ofMilitary/Naval Records Considering Discharge Upgrade Request by 
Veterans Claiming Post Traumatic Stress Disorder," of3 September 2014 
(c) PDUSD Memo of24 Feb 16 "Consideration of Discharge Upgrade Requests Pursuant 
to Supplemental Guidance to Military Boards for Correction ofMilitary/Naval Records 
by Veterans Claiming PTSD or TBI" 
(d) PDUSD Memo of25 Aug 17 "Clarifying Guidance to Military Discharge Review 
Boards and Boards for Correction ofMilitary/Naval Records Considering Requests by 
Veterans for Modification oftheir Discharge Due to Mental Health Conditions, Sexual 
Assault, or Sexual Harassment" 
Encl: (1) DD Form 149 (NR20160010703) 
(2) Case Summary 

1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Marine 
Corps, filed enclosure (1) with this Board requesting correction to his characterization ofservice 
from an other than honorable discharge characterization to an honorable or general 
characterization ofservice. References (b) through ( d), and enclosures (I) and (2) apply. 

2. The Board, consisting of                        reviewed Petitioner's 
allegations of error and injustice on 28 August 2017, and, pursuant to its regulations, determined 
that the corrective action indicated below should be taken. Documentary material considered by 
the Board consisted ofyour application, together with all material submitted in support thereof, 
relevant portions of your naval record 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 ofthe Navy . 

b. Although enclosure (1) was not filed in a timely manner with respect to the statute of 
limitations, Petitioner's request was filed after the issuance ofreferences (c) and (d). Based on 
the nature of Petitioner's claim and in light ofthe publication ofadditional relevant guidance, the 
Board determined that it is in the interest ofjustice to review the application on its merits. 

c. Petitioner enlisted in the Marine Corps and began a period ofactive duty on l April l 982. 
On 29 May1983, Petitioner deployed to [REDACTED] On 23 October 1983, the Marine barracks in Beirut
were bombed. Following the bombing, Petitioner helped load the wounded onto ambulances, trucks
and helicopters. 

d. In April l984, Petitioner was evaluated by outpatient psychiatry for Post-Traumatic Stress 
Disorder (PTSD). Petitioner did not discuss his symptoms and was found to have marital 
problems. 

e. On 31 July 1984, Petitioner received nonjudicial punishment (NJP) for a period of 
unauthorized absence (UA). On 30 September l984, Petitioner received a second NJP for UA. 

f. On 20 October 1985, Petitioner was taken to due to being 
highly intoxicated and expressing suicidal thoughts and was admitted for psychiatric care. His 
attending physician suspected PTSD, but Petitioner was resistant to discussing personal issues. 

g. On 31 January 1986, Petitioner was counseled for engaging in a pattern ofmisconduct. He 
was counseled again on 22 April 1986, for repeated incidents of misconduct. 

h. Petitioner was found guilty at special court martial proceedings ofviolating the Uniform 
Code ofMilitary Justice, Article 86 (UA), for two periods ofUA from 26 December l 985 until 3 
January 1986, and on 3 February 1986 from 0630 until 2019. 

i. On 30 May 1986, Petitioner was administratively discharged with an other than honorable 
characterization ofservice on the basis ofmisconduct (due to a pattern ofmisconduct). 
Petitioner received a reentry (RE) code of RE-4. 

j. Following his discharge from the Marine Corps, Petitioner was diagnosed with depression, 
anxiety, and PTSD. Petitioner provided the Board with information about his 24 February 2012 
Psychodiagnostic Disability Examination that concluded that he had PTSD. 

k. At the request of BCNR, the Bureau ofMedicine and Surgery (BUMED) reviewed 
Petitioner's request for a correction to his discharge characterization on the assertion that he was 
suffering from service-connected PTSD, and that the PTSD contributed to his misconduct and 
subsequent discharge. In its Advisory Opinion dated l 9 June 2017, BUMED noted that 
Petitioner began to experience nightmares and intrusive thoughts of Beirut and that these PTSD 
symptoms led to alcohol and marijuana abuse as well as UAs. BUMED opined th!}t based on the 
preponderance of evidence, it is BUMED 's considered medical opinion that Petitioner suffered 
from a mental health condition at the time ofhis service that interfered with his judgment and led 
to an undesirable discharge. 

l. The Board took into consideration Petitioner's request for an upgrade to his discharge 
characterization and noted BUMED's favorable Advisory Opinion. The Board also noted that 
Petitioner requests a personal appearance before the three-member panel. 

m. Regarding Petitioner's request for a personal appearance, the Board determined that a 
personal appearance with or without counsel would not materially add to its understanding ofthe 
issue( s) involved. Therefore, the Board determined that a personal appearance was not necessary 
and considered Petitioner's case based on the evidence ofrecord. 

n. The Board, in its review ofPetitioner's entire record and application, carefully weighed all 
potentially mitigating factors, such as Petitioner's PTSD diagnosis and his request that the 
diagnosis be considered when determining ifthe other than honorable discharge should be 
upgraded as a matter ofjustice. Petitioner's assertion ofsuffering from PTSD was given liberal 
consideration, and fully and carefully considered by the Board in light ofreferences (b)-(d). In 
accordance with references (b )-( d), the Board gives liberal and special ·consideration to treatment 
documentation ofPTSD symptoms and medical determinations ofthe existence ofserviceconnected 
PTSD. 

o. The Board reviewed Petitioner's medical diagnosis ofservice-connected PTSD as 
evidenced by the information provided in support ofhis application, and took the Advisory 
Opinion from BUMED into consideration. The Board concluded that Petitioner's misconduct· 
was mitigated by his PTSD diagnosis and therefore, Petitioner is entitled to an upgrade to his 
characterization ofservice from other than honorable discharge to an honorable discharge. The 
Board noted Petitioner's high performance marks when determining that an honorable 
characterization is warranted. 

p. The Board determined that although the PTSD diagnosis mitigated Petitioner's misconduct 
for purposes ofdetermining his characterization ofservice, Petitioner nonetheless engaged in a 
pattern ofbehavior that supported his current narrative separation reason of "Misconduct-due to 
a pattern ofmisconduct." The Board determined that Petitioner's PTSD diagnosis warranted the 
limited corrective action ofan upgrade to his discharge characterization, but that it did not negate 
the misconduct in which he engaged during his time in the Marine Corps. The Board 
specifically noted the frequency ofthe misconduct and the special court martial conviction when 
determining that Petitioner did not merit further change to his record. Specifically, the Board 
concluded that the PTSD diagnosis did not merit a change to his separation reason, and that the 
frequency and nature ofPetitioner's misconduct supported the issuance ofhis current reentry 
code and SPD code. 
 
CONCLUSION: 

Upon review and consideration ofall the evidence ofrecord, and especially in light of reference 
(b)-(d), and Petitioner's PTSD diagnosis, the Board concludes that Petitioner's request warrants 
relief. 

In this regard, the Board notes Petitioner's overall record ofmilitary service and current policy as 
established in references (b)-( d), and concludes that that relief in the form ofa change to 
Petitioner's other than honorable discharge characterization to an honorable discharge 
characterization is warranted. In view ofthe above, the Board directs the following corrective 
action. 

RECOMMENDATION: 

That Petitioner's naval record be corrected to show that on 30 May 1986, he was discharged with 
an honorable characterization ofservice. 

That Petitioner be issued a new Certificate ofRelease or Discharge from Active Duty (DD Form 
214). 

That a copy of this report ofproceedings be filed in Petitioner's naval record. 

That, upon request, the Department ofVeterans Affairs be informed that Petitioner's application 
was received by the Board on 7 December 2016. 

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 ofthe Board's proceedings in the above entitled matter. 

5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures ofthe 
Board for Correction ofNaval Records (32 Code ofFederal 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 ofreference (a), has been approved by the Board on 
behalf of the Secretary ofthe Navy. 

Executive Director