DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 626-17 JUN 1 9 2018 From: Chairman, Board for Correction of Naval Records To: Secretary ofthe Navy Subj: Ref: (a) 10 U.S.C. 1552 (b) SECDEF Memo of3 Sep 14 (c) PDUSD Memo of24 Feb 16 (d) PDUSD Memo of25 Aug 17 Encl: (I) DD Form I49 with attachments (2) Case summary (3) Subject's naval record (excerpts) (4) BCNR Mental Health Eval dtd 10Janl8 1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member of the Navy, filed enclosure ( 1) with this Board requesting that the characterization ofhis bad conduct (BCD) discharge be changed in 1 ight of current guidelines as reflected in references (b) through ( d). Enclosures (I) through ( 4) apply. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on I I April 20 I 8 and, pursuant to its regulations, a majority 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. In addition, the Board considered the mental health advisory opinion (AO), dated 10 January 20I8, 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 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. The Petitioner enlisted in the Navy and began a period ofactive duty on 17 September 1965. He served for seven months without disciplinary incident, but on 28 April 1966, he received nonjudicial punishment (NJP) for failure to go to his appointed place ofduty. On 2 June 1966, the Petitioner's brother died in a motorcycle accident. Reportedly the brothers were very close and were stationed together on the USS CURRITUCK. On 31 August 1966, he received NJP for absence from his appointed place ofduty. During the period from 2 September 1966 to 12 April 1967, the Petitioner served in Vietnam. On 12 September 1967, he was convicted by special court-martial (SPCM) for unauthorized absence (UA) from his unit for a period of33 days and missing ship's movement. On 8 November 1968, the Petitioner was once again convicted by SPCM for UA from his unit for period totaling 160 days and breaking restriction. The sentence imposed was confinement, a forfeiture ofpay and a bad conduct discharge (BCD). On 7 March 1969, he received the BCD after appellate review was complete. d. Enclosure (4), an advisory opinion (AO) furnished by a BCNR Qualified Mental Health Professional, stated in part that based on the preponderance ofevidence, it is the considered medical opinion that there is insufficient evidence to support Petitioner's contention that he suffered from PTSD at the time ofservice, however there is sufficient evidence that the suffered from Major Depressive Disorder at the time of service. CONCLUSION: Upon review and consideration ofall the evidence ofrecord, the Board concludes that Petitioner's request warrants favorable action. The panel reviewed his application under the guidance provided in references (b) through Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PTSD." 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." 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." Specifically, the panel considered whether his application was the type that was intended to be covered by this policy. The Board initially 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 medical and/or mental history documentation, psychological evaluation ofa Mental Health Condition, and the Mental Health AO. Further, the Board concluded that the Mental Health Condition was a causative factor in Petitioner's misconduct. This evidence led the Board to reasonably conclude that the Mental Health Condition existed at the time ofhis discharge and subsequently resulted in his BCD discharge. After carefully considering all the evidence, the Board decided that retitioner's diagnosed Mental Health Condition should mitigate the misconduct he committed while on active duty since this condition outweighed the severity ofthe misconduct. The Board determined that no useful purpose is served by continuing to characterize the Petitioner's service with a BCD, and recharacterization to a General, under honorable characterization of service is now more appropriate. In view ofthe forgoing the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION: That Petitioner's Navy record be corrected to show that on 7 March 1969, Petitioner's characterization of service was "General," under honorable conditions, the narrative reason for separation was "secretarial authority," the SPD code assigned was "JFF." That Petitioner shall be issued a new DD Form 214. That a copy ofthis Report of Proceedings should be filed in Petitioner's Navy record. That, upon request, the Department of Veterans Affairs be infonned that Petitioner's application was received by the Board on 24 January 2017. 4. Pursuant to Section 6(c) ofthe revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) 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 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 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 ofthe Navy. Executive Director 3