DEPARTMENT OF THE NAVY 

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

Docket No: 2739-17 
JUL 20 2018 

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

Subj: 
Ref: (a) 10 U.S.C. 1552 
     (b) SECDEF Memo of 3 Sep 14 
     (c) PDUSD Memo of24 Feb 16 
     (d) PDUSD Memo of25 Aug 17 
Encl: (1) DD Form 149 with attachments 
      (2) Case summary 
      (3) Subject's naval record (excerpts) 
      (4) BCNR AO ltr dtd 26 Feb 18 

1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member of the 
Marine Corps, filed enclosure (1) with this Board requesting that the characterization ofhis other 
than honorable (OTH) discharge be changed in light of current guidelines as reflected in 
references (b) through ( d), and his narrative reason for separation be changed to 
"miscellaneous/general". Enclosures (1) through (4) apply. 

2. The Board, consisting of reviewed Petitioner's 
allegations of error and injustice on 26 March 2018 and, pursuant to its regulations, a majority 
determined that the partial 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. In addition, the Board 
considered the advisory opinion (AO), dated 26 February 2018, a copy ofwhich is attached in 
enclosure (4). 

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, it is in the interest ofjustice to 
waive the statute of limitations and review the application on its merits. 

c. Petitioner was granted a waiver for wrongful drug use while in the delayed entry program. 
Subsequently, he began a period of active duty on 22 January 2007. 

d. On 11 January 2008, Petitioner received nonjudicial punishment (NJP) for wrongful use of 
marijuana. 

e. During the period from 5 March to 18 October 2008, Petitioner was deployed to 
Afghanistan as a machine gunner. While deployed he was engaged in combat' operations to 
include multiple firefights, witnessing a fellow soldier catch on fire, and involvement in a blast 
that caused him to become dizzy and nauseous. 

f. Petitioner's Post-Deployment Health Re-Assessment (PDHRA) stated in part that he had 
physical symptoms ofcough, trouble breathing, stiff joints, trouble hearing, chest pain, diarrhea, 
increased irritability, trouble concentrating, problems sleeping, feeling constantly on guard, he 
was watchful or easily startled, and feeling numb or detached from others, symptoms consistent 
with PTSD. Three months later, the PDHRA follow up reported continued difficulty sleeping, 
irritability, feeling aggressive, trouble concentrating and feeling depressed more than half the 
days. On 19 August 2009, Petitioner participated in an intake assessment, the clinical impression 
noted additional loss of interest in activities, feeling upset when reminded ofstressful military 
experience, disturbing dreams ofmilitary experience, disturbing memories and thoughts, and 
images ofstressful military experiences. By 1 September 2009, Petitioner was diagnosed with 
depression and prescribed Prozac. On 5 October 2009, a clinician with the Deployment Health 
Services clinic formally diagnosed the Petitioner with PTSD and Major Depressive Disorder. 

g. On 29 January 2010, Petitioner was convicted by summary court-martial (SCM) of 
wrongful use of cocaine. Subsequently, he was notified of pending administrative separation by 
reason ofmisconduct due to drug abuse at which time he consulted with legal counsel and 
waived his right to present his case to an administrative discharge board. The discharge 
authority approved and directed separation under other than honorable (OTH) conditions by 
reason ofmisconduct and on 22 April 2010, he was discharged. 

h. On 28 June 2010, Petitioner was evaluated by the Veteran's Administration and received a 
diagnosis of mild TBI due to a blast incident while deployed in Afghanistan in May 2008. By 
18 October 2012 the Trauma Management Therapy Program with the University of   
     lists Petitioner's diagnoses as chronic PTSD, Major Depressive Disorder, recurrent, 
severe without Psychotic features; and Alcohol and Cannabis Abuse. 

i. Enclosure (4), an advisory opinion (AO) furnished by a qualified mental health provider, 
states in part that the record indicates the Petitioner was diagnosed with PTSD by civilian and 
military psychiatric providers. He was diagnosed with mild TBI post-service; it is reasonable that 
the Petitioner experienced TBI during combat. Based on the preponderance ofthe evidence, it is 
the considered opinion that there is evidence to support Petitioner's contention that he was 
suffering from PTSD and mild TBI incurred during service. 

CONCLUSION: 

Upon review and consideration ofall the evidence of record, the Board concludes that 
Petitioner's request warrants partial favorable relief. 

The panel reviewed his application under the guidance provided in references (b) through ( d). 
The Board notes Petitioner's misconduct and does not condone his actions. The Board's 
decision is based on Petitioner's evidence as reflected in his medical and/or mental history 
documentation, psychological evaluation ofPTSD and mild TBI, and the AO. This evidence led 
the Board to reasonably conclude that the PTSD and mild TBI condition was incurred in-service. 
Further, the Board concluded that the PTSD and mild TBI may have been causative factors in 
Petitioner's misconduct that resulted in his SCM and subsequent discharge. After carefully 
considering all the evidence, the Board notes that Petitioner's record shows a clear history of 
drug use both pre-service and prior to his combat deployment, and therefore his characterization 
should only be upgraded to general under honorable conditions. The Board also noted that the 
Petitioner's PTSD and mild TBI does not outweigh the discharge or excuse or mitigate the 
misconduct to warrant any additional favorable relief. 

The Board further determined that his narrative reason for separation should remain misconduct 
as his requested change to miscellaneous/general is not an authorized narrative reason. 

In view ofthe forgoing the Board finds the existence of an injustice warranting the following 
partial corrective action. 

RECOMMENDATION: 

That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 
214) with a characterization of service of General (Under Honorable Conditions). 

That no further changes be made to Petitioner's record. 

That a copy ofthis Report of Proceedings should be filed in Petitioner's Marine Corps record. 

That, upon request, the Department of Veterans Affairs is informed that Petitioner's application 
was received by the Board on 16 March 2017. 

4. It is certified that a quorum was presented at the Board's review and deliberations, and that the 
foregoing is a true and complete record of the Board's roceedings in the above entitled matter. 
Recorder 

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


Executive Director