DEPARTMENT OF THE NAVY 

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

Docket No: 4988-17 
AUG 2 1 2018 

From: Chairman, Board for Correction of Naval 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 o Military Boards for 
     Correction ofMilitary/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 ofMilitary/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 ofMilitary/Naval Records Considering Requests by 
     Veterans for Modification of their 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 30 Jan 17 
     (5) Advisory Opinion (AO) dated 1 Mar 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 his characterization of service and 
narrative reason for separation be changed in light of current guidelines as reflected in references 
(b) through (d). Enclosures (1) through (5) apply. 

2. The Board consisting of reviewed Petitioner's 
allegations oferror and injustice on 7 August 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 of the application, together with all 
material submitted in support thereof, relevant portions of Petitioner's naval record, applicable 
statutes, regulations and policies, and an Advisory Opinion (AO) dated 1 March 2018. 

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 of justice to 
waive the statute of limitations and review the application on its merits. 

c. Petitioner enlisted in the Marine Corps and began a period ofactive service on 18 July 
2011. On 31 July 2012, Petitioner received nonjudicial punishment (NJP) for failure to obey a 
lawful order. 

d. Petitioner's medical records indicate he was in a HMMWV accident on 29 November 
2012. 

e. On 19 June 2014, Petitioner received NJP for failure to obey a lawful order, assault, and 
drunk and disorderly conduct. Subsequently, he was notified of pending administrative 
separation action by reason ofmisconduct due to commission ofa serious offense. His 
Commanding Officer (CO) recommended an other than honorable (OTH) discharge by reason of 
misconduct due to commission ofa serious offense. 

f. On 15 October 2014, Petitioner was diagnosed in-service with mild TBI and TBI late 
effect. 

g. On 23 October 2014, Petitioner was discharged with an OTH character ofservice by 
reason ofmisconduct (serious offense). 

h. On 30 January 2017, Petitioner was diagnosed with post-traumatic stress disorder (PTSD) 
by the Department ofVeterans Affairs. (Enclosure (4)) d. On 1 March 2018, as part ofthe review process, 
a qualified mental health provider 
reviewed Petitioner's assertions and the available records, and issued a favorable AO. It was 
concluded that Petitioner's post-service diagnosed PTSD and in-service diagnosed TBI can be 
attributed to his military service and his misconduct could, in part, be attributed to PTSD and 
TBI. (Enclosure (5)) 

CONCLUSION: 

Upon review and consideration of all the evidence ofrecord, and especially in light of enclosures 
(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) through (d). Specifically, 
the Board considered whether his application was the type that was intended to be covered by 
this policy. 

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 his post-service diagnosis and 
AO. The Board was able to reasonably conclude that medical conditions existed at the time of 
his misconduct, and subsequently resulted in his OTH discharge. 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 is now more appropriate. 

In view of the foregoing, the Board finds the existence of an injustice warranting the following 
corrective action. 

RECOMMENDATION: 

That Petitioner's naval record be corrected to show that he received a general (under honorable 
conditions) character of service, secretarial authority narrative reason for separation, JFFl 
separation code, and MARCORSPMAN 6214 separation authority. 

That Petitioner is issued a new Certificate of Release or Discharge from Active Duty (DD Form 
214). 

That a copy ofthis Report of Proceedings be filed in Petitioner's Naval record. 

That, upon request, the Department of Veterans Affairs be informed that Petitioner's application 
was received by the Board on 22 May 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) ofthe revised Procedures ofthe 
Board forCorrection 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 of reference (a), has been approved by the Board on 
behalf ofthe Secretary ofthe Navy. 


Executive Director