DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4397-18 JUL O1 2019 From: Chairman, Board for Correction of Naval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD OF FORMER Ref: (a) IO U.S.C. § 1552 (b) SECDEF memo, supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PTSD of 3 September 2014 (c) PDUSD memo, Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction ofMilitary/Naval Records by Veterans Claiming PTSD or TBI of24 February 2016 (d) PDUSD memo, "Clarifying Guidance to Military Discharge Review Boards and Boards for Correction ofMilitary/Naval Records Considering Requests by Veterans for Modification oftheir Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment," of25 August 2017 (e) USO memo, Guidance to Military Discharge Review Boards and Boards for Correction ofMilitary/Naval Records Regarding Equity, Injustice, or Clemency Determinations," of 25 July 2018 Encl: (1) DD Form 149 (NR20180004397) (2) Advisory Opinion of 23 Nov 18 1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Marine Corps, filed enclosure (1) with this Board, requesting correction to his Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect an upgrade of his characterization of service and correction of his date of birth from 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 30 April 2019 and, pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the that the partial corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted ofenclosure (l), relevant portions of Petitioner's naval service records, court filings made by Petitioner regarding his requests for relief from the Department of the Navy, and applicable statutes, regulations. and policies, as well as the enclosed 23 November 2018 advisory opinion (AO) from a qualified navy mental health professional. 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 regulation within the Department of the Navy. b. Although enclosure (1) was not filed in a timely manner, it is in the interest ofjustice to review the application on its merits. c. Petitioner enlisted in the Marine Corps and began a period of active-duty service on 21 November 1966. d. Petitioner served without disciplinary incident for nearly eight months until he received nonjudicial punishment (NJP) for an unauthorized absence (UA) from 14 to 16 August 1967. e. In December 1967, Petitioner was deployed to Vietnam, where he served through January 1969. f. On 8 May 1970, while Petitioner was in a UA status, he was assigned to duty with Radio Relay and Construction Company. On 8 June 1970, Petitioner returned to military control and was subsequently tried by summary court-martial (SCM) for the UA from 8 May through 8 June 1970. The SCM found Petitioner guilty and sentenced him to confinement for 45 days, restriction for 45 days, forfeiture of $125 pay per month for one month, and reduction in rank to E-2. g. On 23 July 1970, Petitioner began another UA and was subsequently declared a deserter. Petitioner was apprehended and returned to military control on 8 December 1970. On 29 January 1971, Petitioner was evaluated by a psychiatrist, who opined that his stress response was due in large part to predisposing immature personality disorder. h. On 19 February 1971, Petitioner was found guilty by special court-martial for a UA from 23 July to 8 December 1970. In February 1971, Petitioner was notified of administrative separation proceedings against him. i. Petitioner provided a written personal statement in response to the notification of separation proceedings in which he stated that he felt as if he was "dying by suffocation" and "on edge constantly." He reported insomnia and suicidal feelings, and he said his spirit was slowly dying. He also stated that his mind was no longer the same. Petitioner's chain of command recommended that he be administratively separated. j. On I March 1971, Petitioner was discharged from the Marine Corps with a general (under honorable conditions) characterization of service and a reentry code of RE-4. His DD Form 214 incorrectly reflects his date of birth is k. Petitioner provides a copy of his birth certificate, which reflects his birthdate is and requests that his DD Form 214 be corrected to reflect his actual birthday. l. Petitioner also requests that his characterization ofservice be upgraded due to service­connected PTSD. Petitioner provides evidence from the Department of Veterans Affairs (VA) indicating he has a 100% disability rating for service-connected PTSD. m. As part of the Board's review, a Navy licensed clinical psychologist reviewed Petitioner's available records and his contentions, and issued an AO that noted that Petitioner's UA post­deployment to Vietnam could be potentially attributed to PTSD symptoms but pointed out that the August l967 NJP pre-dates his time in combat. The AO concluded that, in the absence of post-service mental health treatment records, there is insufficient evidence to attribute Petitioner's misconduct to PTSD. The AO was provided to Petitioner, and he was given 30 days in which to submit a response. When Petitioner did not provide a response within 30 days, his case was submitted to the Board for consideration. CONCLUSION: The Board, in its review of Petitioner's entire record and application, carefully weighed all potentially mitigating factors, including Petitioner's contentions and the information he provided supporting his assertions regarding his mental health condition, as well as the conclusions of the AO. The Board determined that Petitioner's misconduct is mitigated by his mental health conditions as evidenced by his in-service medical record, reflecting a diagnosis of immature personality disorder, and his pre-discharge personal statement, which details his mental state while he was in the Marine Corps. The Board noted the conclusions ofthe AO, but found that Petitioner's in­service medical record, coupled with his post-service mental health diagnoses as evidenced by the VA's disability determination, supported the application of liberal consideration to his request for an upgrade. The Board found that Petitioner's mental health conditions at the time of his service in the Marine Corps mitigated his misconduct, and warranted an upgrade to an honorable characterization ofservice and a change to his narrative reason for separation. Furthermore, the Board found that Petitioner's date of birth should be corrected on his DD Form 214 to reflect his actual birthdate. In view of the above, the Board directs the following corrective action. RECOMMENDATION: That Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty, to show he was discharged with an honorable characterization of service, that his narrative reason for separation is "Secretarial Authority," that his SPD code is "JFF," that his separation authority is "MARCORSEPMAN PAR 6421," and that his date of birth is That a copy ofthis report ofproceedings be filed in Petitioner's naval record. That, upon request, the VA be informed that Petitioner's application was received by the Board on 15 March 2018. 4. Pursuant to Section 6(c) of the revised Procedures ofthe Board for Correction ofNaval Records (32 Code of Federal Regulations, Section 723.6(c)), 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 ofthe Board's proceedings in the above-entitled matter. 5. The foregoing action ofthe Board is submitted for your review and action. Executive Director