DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1531-16 AUG 31 2017 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe avy Ref: (a) 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 of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction ofMilitary/Naval Records by Veterans Claiming PTSD or TBI" Encl: (1) DD Fonn 149 with attachments (2) Case Summary (3) BUMED ltr 5740 Ser M34/l 7UM34 l04 dtd 3 May 17 (4) Combat History -Expeditions ­Awards Record 1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Marine Corps, with the assistance of counsel, filed enclosure (1) with this Board requesting that his other than honorable discharge be fully upgraded to an honorable discharge in light of current guidelines as reflected in references (b) and (c). Enclosures (I) through (4) apply. 2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 26 May 2017, and, pursuant to its regulations, detennined that the corrective action indicated below should be taken on the available evidence ofrecord. Documentary material considered by the Board consisted ofthe enclosures, naval records, applicable statutes, regulations, policies, and an advisory opinion (AO) provided by Navy Bureau ofMedicine and Surgery (BUMED). 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, it is in the interest ofjustice to waive the statute of limitations and review the application on its merits. c. Petitioner enlisted in the Marine Corps and began a period of active duty on 3 March 1969. From 19 September 1969 to 5 April 1970, Petitioner participated in combat operations against communist insurgent (Viet Cong) forces. d. From 13 January 1970 to 18 February 1970, Petitioner left his watch with the intent to abandon it, left his bunker watch, and failed to report to his assigned duty on two occasions. Petitioner also disobeyed lawful orders to go on an operation with his platoon, to stand bunker watch, to go out on an ambush, and to go on patrol with platoon. The charges were to be adjudicated at special court-martial (SPCM) but Petitioner, after consulting counsel, requested a Good of the Service (GOS) discharge in lieu oftrial by court-martial. On 30 March 1970, the staffjudge advocate determined the GOS request was sufficient in law and fact. The separation authority approved Petitioner's GOS request, and on 20 April 1970, Petitioner was discharged with an other than honorable characterization ofservice. e. On 23 July 2012, Petitioner was diagnosed with combat-related Post Traumatic Stress Disorder (PTSD) by the Veterans Affairs. f. Based on current Board policy and guidance, the Board requested an AO from BUMED, the office having cognizance over the subject matter. The AO has commented to the effect that Petitioner was exposed to several intense traumatic experiences while deployed to Vietnam. He did not have any incidents ofmisconduct until after his combat related traumatic experiences suggesting that these traumas affected his behaviors. It was BUMED's opinion Petitioner suffered from a mental health condition at the time of service that interfered with his judgment and led to his other than honorable discharge. See enclosure (3). g. The Board noted Petitioner's DD Fonn 214 does not list all the awards Petitioner is entitled to wear per enclosure (4). CONCLUSlON: Upon review and consideration ofall the evidence ofrecord, and especially in light ofreferences (b) and (c) and enclosure (3), the Board concluded Petitioner's request warrants relief. The Board determined an upgrade to Petitioner's characterization ofservice from other than honorable to general under honorable conditions is warranted based on the impact PTSD likely had on Petitioner's misconduct. RECOMMENDATION: In view of the foregoing, the Board finds the existence ofan injustice warranting the following corrective action. Petitioner's naval record be corrected to show he received a general under honorable conditions discharge on 20 April 1970. Petitioner's naval record be corrected to list all awards to which he is entitled based on enclosure (4) from his service record. Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). A copy of this Report of Proceedings be filed in Petitioner's naval record. Upon request, the Department ofVeterans Affairs be infonned that Petitioner's application was received by the Board on 23 February 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 ofthe Board's proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) ofthe revised Procedures of the 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