DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1362-19/9745-08 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 MilitaryDischarge 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 (2) Advisory Opinion (AO) of 6 Dec 19 1. Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting an upgrade of his characterization of service to General (under honorable conditions). In light of current guidelines as reflected in references (b) through (d), his case was reconsidered in accordance with Board for Correction of Naval Records procedures that conform to Lipsman v. Secretary of Army, 335 F. Supp. 2d 48 (D.D.C. 2004). Enclosures (1) and (2) apply. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 9 June 2020, 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, and applicable statutes, regulations, and policies, and enclosure (2), an advisory opinion (AO) provided by a Navy mental health professional (MHP). 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 Navy and began a period of active duty on 21 March 1989. On 22 March 1989, he was briefed on the Navy’s drug and alcohol abuse policy. During his service, he received three nonjudicial punishments (NJPs) for wrongful use of marijuana and cocaine, and was convicted by civil authorities of two outstanding traffic warrants and possession of cocaine. After being afforded his procedural rights, Petitioner was discharged from the Navy for misconduct due to drug abuse on 21 October 1992, with an other than honorable (OTH) characterization of service. In November 2009, the Board for Correction of Naval Records considered Petitioner’s request to upgrade his characterization of service but decided that no change was warranted. d. On 8 January 2019, Petitioner submitted a request to BCNR to have his OTH upgraded to General (under honorable conditions). Petitioner states that upon returning from combat action in the , he was experiencing serious psychological issues. He stated that his vehicle was hit by a mine during his deployment. He asserts that his father’s untimely demise was also a major contributing factor to his psychological issues. He states that he was close to finishing his enlistment, his OTH was unfair, and his ability to serve was impaired by his youth and immaturity. e. As part of the review process, a Navy MHP reviewed Petitioner’s contentions and the available records and issued enclosure 2. The AO noted that, during a mental health evaluation in September of 1992, Petitioner endorsed a range of symptoms consistent with PTSD that started in May 1991, and he stated that his drug use began during his deployment. The AO noted that Petitioner was diagnosed with R/O Post Traumatic Stress Disorder and Impulsive Traits. The AO concluded that, during Petitioner’s military service, there were clinical signs and subjective complaints indicating a diagnosable mental health condition, specifically PTSD. There is evidence to attribute his misconduct to his developing PTSD condition, primarily that his drug use was a maladaptive coping mechanism for dealing with the range of symptoms of PTSD he endorsed after his experienced trauma from his deployment. In conclusion, the AO found that there is sufficient evidence of a mental health condition during Petitioner’s military service to which to attribute his misconduct. f. Petitioner’s request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to MilitaryBoards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014 and the "ClarifyingGuidance 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. CONCLUSION Upon review and consideration of all the evidence of record, 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 and does not condone his actions. However, the Board concluded that, based on his overall record of service, to include his in-service PTSD diagnosis, he should be granted relief by changing his characterization of service to “General (under honorable conditions).” In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION Petitioner’s naval record is corrected to show that on 21 October 1992, he received a General (under honorable conditions) discharge. Separation authority to read “MILPERSMAN 1910-164.” Separation Code to read “JFF.” Petitioner be issued a new DD Form 214 Certificate of Release or Discharge from Active Duty. No further action be granted. A copy of this report of proceedings be filed in Petitioner’s naval record. Upon request, the Department of Veterans Affairs is informed that Petitioner’s application was received by the Board on 16 January 2019. 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 Regulations, 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.