DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6691-18 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, “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 of Military/Naval Records by Veterans Claiming PTSD or TBI,” of 24 February 2016 (d) PDUSD memo, “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,” of 25 August 2017 Encl: (1) DD Form 149 (2) Advisory Opinion (AO) of 12 Aug 19 1. Pursuant to reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his other than honorable (OTH) characterization of service be changed to general (under honorable conditions). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 21 October 2019 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 enclosures, relevant portions of Petitioner’s naval records, his post-service diagnosis, and applicable statutes, regulations, and policies. The Board also considered enclosure (2), an advisory opinion (AO) provided by 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. Petitioner enlisted in the Marine Corps and began a period of active duty on 31 July 1978. On 17 October 1981 and 2 February 1982, he received non-judicial punishment (NJP) for wrongful possession of marijuana. On 8 and 15 March 1982, he received NJP for drunk and disorderly conduct, two instances of disobeying a lawful order, possession of drug paraphernalia, and drunkenness in the performance of his duties. According to his Certificate of Release or Discharge from Active Duty (DD Form 214), he was discharged with an other than honorable characterization of service on 21 May 1983 by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. Petitioner’s original service record was incomplete and did not contain all of the documentation pertaining to his separation from the Marine Corps. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials involved acted in good faith and in accordance with governing law and policy. c. Petitioner contends that he served honorably in the Marine Corps until, during an overseas , he was involved in a traumatic recovery operation on 26 May 1981, which resulted in 14 deaths and 29 injured. This traumatic event led him to self-medicate, resulting in his use of illegal substances. He contends that no mental health resources were available or offered. He contends that he received a Good Conduct Medal, proving that he served honorably for the majority of his enlistment. He claims to still suffer from the traumatic events, and that he is in dire need of Department of Veterans Affairs medical and mental health attention. d. In an AO at enclosure (2), a qualified Navy mental health professional noted Petitioner’s personal statement that he incurred mental health conditions when engaged in the recovery of the remains of individuals killed in an accident aboard the in May 1981. The AO noted that no additional records were available for review. The AO also noted that Petitioner did not submit any medical documentation of a mental health condition, but that he did have three years of good conduct before his deployment, and his Division Officer noted that his attitude declined following the deployment. Based on this, the AO opined that Petitioner may have been experiencing symptoms of PTSD and depression. Alternatively, the AO opined that, because Petitioner entered the Marine Corps with a waiver for marijuana use, his misconduct may have represented a return to his pre-service behavior. The AO concluded that additional, post-service medical records describing Petitioner’s mental health symptoms and their specific link to his military misconduct are required to render a comprehensive opinion. MAJORITY CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of enclosure (2), the Board’s majority concluded 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 these policies. In this regard, the Board noted Petitioner’s misconduct, which result in four NJPs, three of which were for his involvement with drugs. However, based upon his overall record of service, the time that has passed, and the comments made by his division officer that his attitude declined following his deployment, the Board concluded that an upgrade to Petitioner’s characterization of service to “general (under honorable conditions)” is warranted. In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. MAJORITY RECOMMENDATION That Petitioner’s characterization of service be changed to “general (under honorable conditions),” the narrative reason for separation be changed to “Secretary of the Navy Plenary Authority,” the separation authority be changed to " ” and the separation code bechanged to “ " That Petitioner be issued a new DD Form 214. That a copy of this report of proceedings be filed in Petitioner’s naval record. No further action be granted. Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 25 July 2018. MINORITY CONCLUSION: The Board’s minority concluded that Petitioner’s request does not warrant relief, concurring with the AO that additional, post-service medical records describing Petitioner’s mental health symptoms and their specific link to his military misconduct are required to render a comprehensive opinion. MINORITY RECOMMENDATION: Petitioner’s request be denied. 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. The foregoing action of the Board is submitted for your review and action. Reviewed and APPROVE the Mijority Recommendation ( ) Reviewed and APPROVE the Minority Recommendation ( )