DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9026-17 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. §1552 (b) SECDEF Memo of 3 Sep 14 “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PTSD” (c) PDUSD Memo of 24 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 of 25 Aug 17 “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/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) Advisory Opinion (AO), MCS Docket No: 9026-17 dtd 25 Jan 19 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted Marine, filed enclosure (1) requesting his Certificate of Release or Discharge from Active Duty (DD Form 214) be changed to reflect an upgrade to his characterization of service to honorable. Enclosures (1) through (3) apply. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 28 January 2019, and, pursuant to its regulations, determined the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of his naval service records, applicable statutes, regulations, policies, and an advisory opinion (AO) from a qualified mental health provider dated 25 January 2019. 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 of the Navy. b. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits. c. Petitioner enlisted in the Marine Corps and began a period of active service on 24 June 1981. The Petitioner contends that he enlisted in the buddy system program with R__ C__ and G__ W__. All three attended recruit training in the same platoon and during swim qualification, Petitioner witnessed the actions that led to R__C__’s death. d. On 22 June 1982, Petitioner was counseled on his intemperate use of alcohol and substandard performance. On 1 November 1982, he received non-judicial punishment (NJP) for wrongfully appearing without his metal rank insignia and four specifications of failure to obey a lawful order. On 16 December 1982, Petitioner was counseled on his intemperate use of alcohol. On 4 March 1983, he was counseled on alcohol and drug abuse. On 22 April 1983, tested positive for marijuana during a random urinalysis. On 26 April 1983, he received NJP for wrongfully having zig zag rolling papers in proximity to marijuana, and wrongfully having 3.2 grams of marijuana in his wall locker e. On 28 October 1983, Petitioner was notified of administrative separation processing by reason of misconduct due to drug abuse. He consulted with counsel and waived his right to an administrative discharge board. Petitioner’s commanding officer recommended an under other than honorable (OTH) discharge by reason of his misconduct. On 16 November 1983, the discharge authority directed an OTH character of service and on 7 December 1983, he was discharged. d. As part of the review process, a qualified mental health provider reviewed Petitioner’s assertions and available records and issued a favorable AO, concluding there is sufficient evidence to support Petitioner’s contention that following the death of his friend during basic training he turned the alcohol and marijuana use to alleviate his distress. Additionally, the AO determined there is evidence to attribute the Petitioner’s misconduct, at least in part, to a mental health condition that existed during his service. CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of enclosure (3), 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, the Board noted Petitioner’s misconduct and does not condone his actions. However, the Board's decision is based on the conclusion reached in the AO. The Board was able to reasonably conclude that a mental health condition existed at the time of his misconduct, and subsequently resulted in his OTH character of service. After carefully considering all the evidence, the Board felt that Petitioner’s mental health condition should mitigate the misconduct he committed while on active duty since this condition outweighed the severity of the misconduct. 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 above, the majority recommends the following corrective action. RECOMMENDATION: Petitioner be issued a new DD Form 214 indicating his character of service as “honorable”, separation authority as “MARCORSEPMAN 6421”, separation code as “JFF”, narrative reason for separation as “secretarial authority” and reenlistment code as “RE-1J”. That no further changes be made to Petitioner’s record. A copy of this report of proceedings be filed in Petitioner’s naval record. Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 3 April 2018. 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 of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. Executive Director