DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE I 00 I 
ARLINGTON, VA 22204·2490 

Docket No: 01885-16 

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

Subj: REVIEW NAVAL RECORD OF 

Ref: (a) 10 U.S.C. 1552 

Encl: (1)DD Form 149 with attachments 
(2) Case summary 
(3) Clinical Record Consultation Sheet ICO , USMC dtd 25 Jul 69 

1. Pursuant to the provisions ofreference (a), Petitioner, an enlisted member ofthe Marine 
Corps, filed enclosure ( 1) with this Board requesting that his record be corrected to reflect a 
General characterization of service on his Report of Transfer or Discharge (DD Form 214). 

2. The Board, consisting of Members reviewed Petitioner's allegations of 
error and injustice on 12 April 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 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, the Board found it in the interest 
ofjustice to waive the statute of limitations and consider Petitioner's application on its merits. 

c. Petitioner served on active duty in the Marine Corps from 11 April 1968 to 15 October 
1970. Petitioner served in Vietnam in 1968, earning a Combat Action Ribbon and a Purple 
Heart. 

d. Following his tour in Vietnam, Petitioner received nonjudicial punishment (NJP) for one 
day ofunauthorized absence, followed by a second NJP for sleeping on post. On 28 May 1969, 
Petitioner was convicted by a summary court martial for wrongful possession of .81 grams of 
marijuana. On 12 December 1969, Petitioner was convicted at special court martial for unauthorized 
absences totaling 67 days. 

e. Prior to his release from active duty, Petitioner's medical records note that Petitioner was 
referred for psychological evaluation due to maladjustment. Enclosure (3). Medical records 
reflect that Petitioner had trouble getting along with other people, seldom spoke to others, and 
exhibited passive aggressive traits. 

f. Petitioner was discharged from active duty on 15 October 1970, with an Other than 
Honorable characterization of service. 

g. On 26 January 2016, Petitioner submitted a request to the Board for Correction ofNaval 
Records for an upgrade to his characterization of service to a General discharge, asserting that 
post-traumatic stress disorder (PTSD) contributed to his misconduct. This was Petitioner's 
second request to the Board; the Board denied Petitioner's first request in 2012, but did not 
consider PTSD. 

MINORITY CONCLUSION: 

The minority determined that given Petitioner's multiple instances of misconduct, and the lack of 
a medical diagnosis for PTSD, an upgrade to his service characterization from Other than 
Honorable to General is not warranted. 

MAJORITY CONCLUSION: 

Upon review and consideration ofall the evidence of record, and especially in light ofthe 
contents ofenclosure (3), the majority found the existence ofan injustice warranting full relief. 
The majority considered Petitioner's service in Vietnam, specifically noting his Combat Action 
Ribbon and his duties as a rifleman. The majority also considered enclosure (3), and determined 
that the symptoms noted in the psychological evaluation are indicative of and consistent with 
PTSD. As a result, the majority agreed that Petitioner's Report of Transfer or Discharge (DD 
Form 214) should be corrected to reflect a General characterization of service. 

RECOMMENDATION: 

a. That Petitioner's naval record be corrected by changing his DD 214 to reflect a General 
characterization of service. 

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

4. Pursuant to Section 6(c) ofthe revised Procedures of the Board for Correction ofNaval 
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 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 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 ofthe Secretary ofthe Navy. 

Executive director