DEPARTMENT OF THE NAVY 

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

Docket No: 1248-16 
OCT 13 2016 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW NAVAL RECORD

Ref: (a) 10 U.S.C. 1552 
(b) SECDEF Memo of 3 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 i6 "Consideration of Discharge 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 with attachments 
(2) Case summary 
(3) Subjects naval record (excerpts) 

1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine 
Corps, filed enclosure (I) with this Board requesting, in effect, that his "other than honorable 
discharge" be changed to "honorable." Enclosures (1) through (3) apply. 

2. The Board, consisting of , reviewed Petitioner's 
allegations of error and injustice on 26 August 2016 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 ofthe enclosures, naval records, and 
applicable statutes, regulations, and policies. 

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 (I) was not filed in a timely manner, it is in the interest ofjustice to 
waive the statute oflimitations and review the application on its merits. 

c. The Board noted that the available records were incomplete and difficult to read. However, 
the Board did find in the records that the Petitioner enlisted in the Marine Corps, began a period 
of active duty on 31 March 1960 graduating with a Meritorious Promotion to 
from the Marine Corps Recruit training, and served without disciplinary incident for about I 0 
months. 

d. It was clear that the Petitioner served honorably until he was assaulted and involved in a 
fight where he was hit on the head and knocked unconscious on or about 6 January 1961. 

e. On 13 January 1961, Petitioner as a brig prisoner, was examined by a medical doctor for 
persistent headaches due to the assault on or about 6 January 1961. 

f. On 20 January 1961, Petitioner was convicted by special court-martial (SPCM) and the 
sentenced to a Bad Conduct Discharge (BCD). He received the BCD on 14 October 1961. 

g. On 11 February 2016, Petitioner underwent an evaluation by his physician and was 
diagnosed with Post Traumatic Stress Disorder (PTSD). The Board concluded that his condition 
is likely a result of the assault he was a victim of which he was in the military. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, and especially in light of enclosure 
(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 his application was the type that was intended to be covered by this policy. 

The purpose of the 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 of service, to include being assaulted while in the military resulting 
in him being knocked unconscious, and diagnosis of PTSD, relief in the form of his 
characterization of service should be changed to an honorable discharge. 

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 military record prior to being 
assaulted and his subsequent period of misconduct after being involved in a fight. The 
Petitioner's assertion of PTSD was supported with a medical diagnosis and the Board concluded 
that the time spent in 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 he 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: 

a. That Petitioner's naval record be corrected to show that he received an honorable 
discharge on 14 October, 1961; 

b. That Petitioner be issued a new Certificate of Release or Discharge from Active duty 
(DD Form 214). 

c. That a copy ofthis report of proceedings be filed in Petitioner's naval record. 

d. That, upon request, the Department ofVeterans Affairs be informed that Petitioner's 
application was received by the Board on 12 February 2016. 

4. Pursuant to Section 6(c) ofthe revised Procedures ofthe Board for Correction of Naval 
Records (32 Code of Federal Regulations, Section 723.6(c) 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 ofthe 
Board for Correction ofNaval 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 ofthe Secretary of the Navy. 

Executive Director