Docket No: 10366-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER, , USMC XXX- XX 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 Post Traumatic Stress Disorder,” of 3 September 2014 (Hagel Memo) (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) USD Memo, “Clarifying Guidance to Military Discharge Review Boards and 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 (Kurta Memo) (e) USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” of 25 July 2018 Encl: (1) DD Form 149 w/attachments (2) Advisory Opinion (AO) of 8 Jan 21 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), stating that he suffers from Post-Traumatic Stress Disorder (PTSD) as a result of his military service. He is requesting that his other than honorable (OTH) discharge be upgraded to honorable. He also impliedly request that the narrative reason for his discharge, separation authority, and separation code be changed. Enclosures (1) and (2) applies. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 22 February 2021, and pursuant to its regulations, determined that the corrective action indicated below should be taken. Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). Additionally, The Board also considered the advisory opinions (AOs) furnished by a qualified mental health provider. 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. Petitioner enlisted in the Marine Corps and began a period of active duty on 18 October 2004. c. On 8 November 2007, Petitioner was counseled concerning his lack of leadership, initiative and professionalism. d. On 16 January 2008, Petitioner received nonjudicial punishment (NJP) for 25 days of unauthorized absence (UA). e. On 14 March 2008, Petitioner was counseled concerning UA, failure to obey an order. He was warned that further misconduct could result in administrative discharge action. f. On 21 March 2008, Petitioner received NJP for 32 days of UA. g. On 29 April 2008, Petitioner was notified of administrative discharge action by reason of a pattern of misconduct, and commission of a serious offense. After being afforded his procedural rights, Petitioner elected to waive his right to request that his case be heard before an administrative discharge board. h. On 2 May 2008, Petitioner was counseled concerning insubordinate conduct, failure to obey an order, assault, house breaking, disorderly conduct, and drunkenness. Additionally, that he was being processed for administrative separation due to a pattern of misconduct. i. On 17 May 2008, Petitioner was counseled concerning being absent from his appointed place of duty. Warned that further to correct his deficiencies could result in administrative discharge action. j. On 4 June 2008, Petitioner’s case was forwarded to the separation authority recommending that he be separated from the Marine Corps with an OTH characterization of service by reason of a pattern of misconduct. At that time, Petitioner was pending adjudication of charges for breaking restriction, consuming alcohol, breaking into another Marine’s barracks room and assault him, disrespect by cursing at a Marine and spitting on him, and threatening witnesses and victims. k. On 14 July 2008, Petitioner was convicted by special court-martial (SPCM) of disrespect, consuming alcohol while on restriction, assault, drunk and disorderly, and failure to go to company formation. He was sentenced to a forfeiture of $800 x 3 months. l. On 24 July 2008, Petitioner received a Supplemental Notification of administrative discharge action due to SPCM conviction. m. On 16 September 2008, the separation authority directed that Petitioner be separated from the Marine Corps with an OTH characterization of service. n. On 18 September 2008, Petitioner was discharged from the Marine Corps with an OTH characterization of service due to a pattern of misconduct. o. With his application, Petitioner states he feels that he served his country honorably. The things he witnessed and experienced made his last six months very difficult. He believes he earned the recognition and an honorable discharge status. He served two tours in Iraq and was involved in combat. He has been diagnosed with, and currently being treated for Trauma and Stressors related Disorder. He experienced a hard time transitioning back during his tours in Iraq. He was involved in several firefights, witnessed a good friend and fellow Marine die in front of him, and witnessed very severe injuries to other fellow Marines. Petitioner states that he was hit with several IED’s, was treated for his injuries, and thinks about these events every waking moment, and provided three witness statements from follow Marines he served with in Iraq. p. Enclosure (2), states that based on the available evidence, it was opined that there is sufficient direct evidence Petitioner exhibited behaviors associated with PTSD during his military service and his misconduct may be mitigated by his mental health disorder. q. Petitioner’s request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014, the "Clarifying Guidance to Military Discharge Review Board 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" memorandum of 25 August 2017 BOARD CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that the Petitioner’s request warrants favorable action in the form of relief. The Board reviewed his application under the guidance provided in references (b) through (e) intended to be covered by this policy. In this regard, based upon Petitioner’s overall record, to include his satisfactory performance prior to his deployment to Iraq and misconduct, in light of enclosures (2) and given our current understanding of mental health conditions, relief in the form of his characterization of service should be changed to “Honorable,” and that the narrative reason for separation read “Secretarial Authority.” In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. BORAD RECOMMENDATION That Petitioner’s naval record shall be corrected to show that on 18 September 2008, he received an “Honorable” characterization of service. That Petitioner’s naval be further corrected by changing the narrative reason for separation to read “Secretarial Authority,” That the separation authority read “MARCORSEPMAN par 6214.” That the separation code read “JFF1.” That the Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). No further action be granted. A copy of this report of proceedings be filed in Petitioner’s naval record. 4. It is certified that 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.