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

Docket No: 2171-17 
JUN 2O 2018 
From: Chairman, Board for Correction of Naval Records 
To: Secretary ofthe Navy 

Ref: (a) IO 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 of Military/Naval Records 
     by Veterans Claiming PTSD or TBI" 
    (d) PDUSD Memo of25 Aug 17 "Clarifying Guidance to Military Discharge Review 
     Boards and Boards for Correction of Military/Naval Records Considering Requests by 
     Veterans for Modification oftheir Discharge Due to Mental Health Conditions, Sexual 
     Assault or Sexual Harassment" 
Encl: (1) DD Form 149 with attachments 
      (2) Case summary 
      (3) Subject's naval record (excerpts) 
      (4) Post-service PTSD diagnosis dated 27 Oct 05 
      (5) BUMED memo Ser M34/l 7UM34318 dtd 3 Oct 17 

1. ·Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Marine 
Corps filed enclosure (1) with this Board requesting that his other than honorable (OTH) 
characterization ofservice be changed in light of current guidelines as reflected in references (b) 
and (d). Enclosures (1) through (5) apply. 

2. The Board consisting reviewed 
Petitioner's allegations oferror and injustice on 10 April 2018, 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, applicable statutes, regulations, policies, and an advisory opinion (AO) provided by 
Navy Bureau of Medicine and Surgery (BUMED) dated 3 Oct 2017. 

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 ofthe Navy. 

b. Although enclosure ( 1) 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 Marine Corps on 6 July 1967. On 7 August 1969, he was 
convicted by summary court-martial (SCM) ofunauthorized absence (UA) totaling 24 days. On 
22 January 1970, he received non-judicial punishment (NJP) for absence from appointed place of 
duty. On 19 October 1970, he was convicted by special court martial (SPCM) ofseven 
specifications ofwriting bad checks. He was sentenced to reduction to E-1 and a bad conduct 
discharge (BCD). On 26 March 1971, the BCD was removed as a result of a rehearing ordered 
by the supervising authority. Subsequently, on 30 March 1971, he was notified ofpending 
administrative separation action by reason ofunfitness due to frequent involvement with military 
authorities. After he waived his procedural rights, his Commanding Officer (CO) recommended 
discharge under other than honorable {OTH) conditions by reason ofunfitness due to frequent 
involvement with military authorities. The discharge authority approved this recommendation 
and directed separation under other than honorable conditions by reason of unfitness. On 17 
May 1971, he was discharged. 

d. On 7 March 2017, Petitioner requested consideration ofhis case based on an assertion of an 
undiagnosed and untreated service connected PTSD. Petitioner was provided an advisory opinion 
from BUMED, the office having cognizance over the subject matter, attached as enclosure (5). 
The advisory opinion has commented to the effect that the request has merit and warrant 
favorable action. See enclosure (5). 

CONCLUSION 

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

In this regard, based upon his record of service, the post service diagnosis dated 27 October 
2005, and the AO dated 3 October 2017. Relief in the form ofhis characterization of service 
should be changed to general under honorable conditions. The Board noted Petitioner's 
misconduct and does not condone his actions. However, the Board's decision is based on 
Petitioner's evidence as reflected in the AO and the post service diagnosis. The Board was able 
to reasonably conclude that the PTSD condition existed at the time ofhis misconduct, and 
subsequently resulted in his OTH discharge. 

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 other than honorable, and re-characterization to a general discharge is now more 
appropriate. In view of the foregoing, the Board finds the existence of an injustice warranting 
the following corrective action. 

RECOMMENDATION: 

a. That Petitioner's naval record is corrected to show that he was issued a general discharge 
on 17 May 1971, vice the OTH discharge actually issued on that day. 

b. That Petitioner is issued a Correction to DD Form 214, Certificate of Release or Discharge 
from Active Duty (DD Form 215). 

c. That a copy of this Report of Proceedings be filed in Petitioner's naval record. 

d. That, upon request, the Department of Veterans Affairs be informed that Petitioner's 
application was received by the Board on 7 March 2017. 

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 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 of the 
Board for Correction of Naval 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 ofreference (a), has been approved by the Board on 
behalf of the Secretary of the Navy. 

Executive Director