DEPARTMENT OF THE NAVY 

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


Docket No: 2241116 

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

Subj: REVIEW NAVAL RECORD OF 

Ref: (a) 10 U.S.C. §1552 
(b) SECDEF Memo of3 Sep 14 "Supplemental Guidance to Military Boards for 
Correction ofMilitary/Naval Records Considering Discharge Upgrade Requests by 
Veterans Claiming PTSD" 
(c) PDUSD Memo of24 Feb 16 "Consideration ofDischarge 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) Subject's naval record (excerpts) 
(4) Department ofVeterans Affairs (DVA) PTSD diagnosis <ltd 19 Feb 16 
(5) BlJMED memo 5740 Ser M34/17UM34121<ltd20Apr17 

1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Navy 
filed enclosure (I) with this Board requesting that her general under honorable conditions 
characterization ofservice be changed in light of current guidelines as reflected in references (b) 
and (c). Enclosures.(2) through (5) apply. 

2. The Board, consisting Petitioner's 
allegations oferror and injustice on 26 April 2017, 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 ofthe elicfosures, naval records, 
applicable statutes, regulations, policies, post-service PTSD diagnosis, and the 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 (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. Petitioner enlisted in the Navy and began a period ofactive service on 22 June 1987. On 
22 October 1990, she was convicted by civilian authorities ofattempting to possess cocaine ' . 
(Violation of(SC) 18.2-257). The judge deferred adjudication ofguilt and placed Petitioner on 
minimal supervised probation for one year, ordered payment ofcourt cost and ordered Petitioner 
to remain drug free during probation period and submit to drug testing. Subsequently, she was 
notified ofadministrative separation processing, at which time she elected her right to consult 
with counsel and to present her case to an administrative discharge board (ADB). The ADB 
recommended administrative discharge with a General characterization ofservice. The 
Commanding Officer concurred with the ADB's recommendation. The discharge authority 
approved the recommendation and on 10 June 1991, Petitioner was discharged.

d. Petitioner submitted enclosure ( 4), as evidence ofa post-service diagnosis ofPTSD. 

e. On 11Match2016, Petitionerrequested consideration ofher case based on an assertion of 
an undiagnosed and untreated service connected post-traumatic stress disorder (PTSD). Based 
on current BCNR policy and guidance, the Board requested an advisory opinion from BUMED, 
the office having cognizance over the subject matter. 

f. Enclosure (5) states, that the Petitioner suffered from a mental health condition at the time 
of service that interfered with her judgment and lead to an undesirable discharge. 

CONCLUSION: 

Upon review and consideration ofall the evidence ofrecord, and especially in light ofenclosures 
(4) and (5), the Board concludes that Petitioner's request warrants relief. Additionally, the Board 
reviewed his application under the guidance provided in refereri'ces (b) and ( c). Specifically, the 
Board considered whether her application was the type that was intended to be covered by this 
policy. 

The purpose ofthe 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 her record of service, and in service misconduct, relief in the form ofher 
characterization ofservice should be changed to honorable. 

The Board notes Petitioner's misconduct and does not condone her actions. However, the 
Board's decision is based on Petitioner's evidence as reflected in her post-service PTSD 
diagnosis, and subsequent periods ofunauthorized absence as attributed to his assault. The 
Board was able to reasonably conclude that the PTSD condition existed at the time ofher 
misconduct, and subsequently resulted in her general under honorable conditions discharge. 
After carefully considering all the evidence, the Board felt that Petitioner's assertion ofPTSD 
should mitigate the misconduct she committed while on active duty.. With that being 
determined, the Board concludes that no useful purpose is served by continuing to characterize 
the Petitioner's service as having been general under honorable conditions and recharacterization 
to an honorable discharge is now more appropriate. In view ofthe 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 she received an Honorable 
discharge on 10 June 1991. 

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 11March2016. 

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 of reference (a), has been approved by the Board on 
behalfofthe Secretary of the Navy. 


Executive director