DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5128-18 JUL 24 2019 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 w/attachments (2) Advisory opinion of 12 Dec 18 (3) Advisory opinion of 31 May 19 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted Marine, filed enclosure (1), requesting that his Certificate of Release or Discharge from Active Duty (DD form 214) be changed to reflect an upgrade to his characterization of service from bad conduct to either honorable or general. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 6 June 2019, and, pursuant to its regulations, determined on the available evidence of record the corrective action indicated below should be taken. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner's naval service records, applicable statutes, regulations, policies, a 12 December 2018 advisory opinion (AO) from a mental health professional, Petitioner's rebuttal submission, and an updated 31 May 2019 AO. 3. The Board, having reviewed all the facts ofrecord pertaining to Petitioner's allegations of error and injustice, found 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 (I) 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 25 June 1990. He immediately deployed overseas and participated in Operation Desert Shield and Operation Desert Storm from 25 December 1990 to 22 March 1991. From 29 December 1992 to 21 April 1993, Petitioner participated in Operation Restore Hope in . On 14 December 1993, Petitioner attempted suicide by intentionally overdosing on over 100 pills, which led to a diagnosis of adjustment disorder with depressed mood. On 27 June 1994, he was convicted by general court-martial (GCM) for unlawfully carrying a concealed weapon, disrespect toward a superior noncommissioned officer (NCO), communicating a threat to the NCO, and assault by offer. Petitioner was awarded confinement, forfeiture, reduction in rank, and a bad conduct discharge (BCD). On 16 December 1994, his commanding officer denied his request for clemency. The BCD was subsequently approved at all levels of review, and, on 31 October 1996, he was discharged. d. As part of the Board's review, a mental health professional reviewed Petitioner's assertions and available records, and provided an AO to the Board on 12 December 2018. The AO stated there was insufficient information to render an opinion on Petitioner's misconduct due to the absence of post-service treatment records. The AO was sent to the Petitioner on 14 December 2018. The 15 March 2019 rebuttal submitted by Petitioner was reviewed by a mental health professional who determined, based on the preponderance of evidence, that there is evidence Petitioner's misconduct can be attributed to post-traumatic stress disorder (PTSD). The AO stated the misconduct followed Petitioner's exposure to reported traumatic events that were discussed during exposure treatment for PTSD. Further, most of his misconduct could be conceptualized as symptoms of PTSD. Specifically, the behaviors which resulted in his GCM conviction could be manifestations of irritable and reckless behavior. CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of enclosure (3), the Board concluded that Petitioner's request warrants relief. The Board reviewed Petitioner' s 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, relying upon the diagnosis of service-connected PTSD and enclosure (3), determined there was sufficient evidence to support a finding that Petitioner's PTSD mitigated the misconduct that led to his BCD. The Board thus determined that Petitioner's request to upgrade his discharge warranted relief. Additionally, in the interest of justice, the Board concluded Petitioner should receive additional relief in the form of corresponding changes to his narrative reason for separation, separation code, and separation authority. RECOMMENDATION: In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD form 214) indicating his characterization of service as "honorable," the narrative reason for separation as "secretarial authority," separation code as "JFF1," and separation authority as "MARCORSEPMAN 6421." 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 12 June 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 Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing cmTectivc action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. Executive Director