DEPARTMENT OF THE NAVY 

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

Docket No: 190-16 
JUL 5 2016 

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

Ref: (a) 10 U.S.C. 1552 
(b) SECDEF Memo of 3 Sep 14 "Supplemental Guidance to Military Boards for 
Correction ofMilitary/Naval Records Considering Discharge Upgrade Requests by 
Veterans Claiming PTSD" 
Encl: (1) DD Form 149 with attachments 
(2) Case summary 
(3) Clinical Social Worker PTSD diagnosis 
(4) Subject's naval record (excerpts) 

1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Navy, 
filed enclosure (1) with this Board requesting that his other than honorable (OTH) discharge be 
changed in light ofcurrent guidelines as reflected in reference (b ). This request impliedly 
includes a change to the narrative reason for separation. Enclosures (1) through (3) apply. 

2. The Board, consisting of           reviewed Petitioner's 
allegations oferror and injustice on 14 April 2016, and pursuant to its regulations, determined 
that the corrective action indicated below should be taken on the available evidence ofrecord. 
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 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 reenlisted in the Navy on 8 July 1991, after serving over three years of 
satisfactory service. 

d. Petitioner served a successful tour in Operation Desert Storm aboard the USS Saratoga. 
He was awarded the Navy Unit Commendation, Southwest Asia Service Medal, and National 
Defense Service Medal. 

e. Petitioner returned from Operation Desert Storm in March 1991. On 24 April 1992, he 
received nonjudicial punishment for six specifications of making and uttering bad checks and 
failure to pay just debts. On 20 June 1992, Petitioner's commanding officer recommended 
separation from the naval service by reason ofmisconduct due to the commission ofa serious 
offense. On 14 August 1992, he received an OTH discharge. 

g. Petitioner submitted evidence oftreatmentfor service connected PTSD. See enclosure (3). 

CONCLUSION: 

Upon review and consideration ofall the evidence of record, and especially in light of enclosures 
(3), the Board concludes that Petitioner's request warrants relief. The Board reviewed his 
application under the guidance provided in reference (b ). Specifically, the Board considered 
whether his application was the type that was intended to be covered by this policy. 

The purpose of the Secretary ofDefense 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 ofpreviously unrecognized" PTSD. The memorandum further explains that since 
PTSD was not previously recognized as a diagnosis at the time ofservice 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 combat service during Operation 
Desert Storm, relief in the form ofhis characterization of service should be changed to general. 

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 successful tour during 
Operation Desert Storm, and subsequent financial irresponsibility. The Petitioner's assertion of 
PTSD was supported with a medical diagnosis and the Board concluded that the time spent in 
combat operations, was a causative factor in Petitioner's misconduct. The Board was able to 
reasonably conclude that the PTSD condition existed at the time ofhis misconduct, and 
subsequently resulted in his OTH. After carefully considering all the evidence, the Board felt 
that Petitioner's assertion ofPTSD should mitigate the misconduct he committed while on active 
duty since this condition outweighed the severity ofthe 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 recharacterization 
to a general discharge is now more appropriate. In view of the foregoing, the Board finds the 
existence ofan injustice warranting the following corrective action. 

RECOMMENDATION: 

a. That Petitioner's naval record be corrected to show that he was issued a general discharge 
on 14 August 1992, vice the OTH actually issued on that day. 

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

c. That a copy ofthis Report ofProceedings 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 29 December 2015. 

4. Pursuant to Section 6(c) ofthe revised Procedures ofthe 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 ofauthority set out in Section 6(e) of the 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 of the Navy. 

Executive Director