DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1963-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 1. Pursuant to the reference, Petitioner, a former member of the Marine Corps, through his counsel, filed the enclosure with this Board, requesting that Petitioner’s bad conduct discharge be upgraded to either an honorable, or, alternatively, a general characterization of service. 2. The Board, consisting of , reviewed the former member’s allegations of error and injustice on 11 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 enclosure, relevant portions of the subject former member’s naval records, and applicable statutes, regulations, and policies. The Board also considered an 8 January 2020 advisory opinion (AO) of a psychiatrist, and the medical opinion of Petitioner’s retained psychiatrist. 3. The Board, having reviewed all the facts of record pertaining to the former member’s allegations of error and injustice, finds as follows: a. Before applying to this Board, the Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. The Petitioner enlisted in the Marine Corps and began a period of active duty on 21 June 1967. c. The Petitioner was in a unit that was ordered to the Republic of , and he arrived there on 10 April 1968. Between 9 July 1968 and 3 May 1969, Petitioner engaged in 14 named combat operations. Beginning in or around May 1969, Petitioner’s performance and conduct deteriorated significantly, which was a departure from his performance and conduct prior to his various combat missions. Ultimately, Petitioner’s negative conduct resulted in his conviction by a general court-martial on 27 January 1970, at which he received a bad conduct discharge. d. Petitioner included with his submission a 10 March 2018 Psychiatric Evaluation by a civilian psychiatrist. The psychiatrist diagnosed Petitioner with post-traumatic stress disorder (PTSD) stemming from his extensive combat experiences during the Vietnam War, and, according to the psychiatrist, the misconduct exhibited by Petitioner were behaviors typical for PTSD combat veterans such as “self-medicating”with legal and illegal drugs to relieve anxiety, depression, and insomnia.” e. The Board requested its own opinion from a psychiatrist, who prepared an AO dated 8 January 2020. According to the AO, “based on the available evidence, it is my considered opinion that there is sufficient evidence of a mental health condition (PTSD) attributable to Petitioner’s military service that may have mitigated Petitioner’s misconduct.” f. In reviewing Petitioner’s case file, it appeared that he did not have issued to him the Combat Action Ribbon (CAR). There was confusion during the era in which Petitioner served over entitlement to the CAR, and, upon review, the Board determined that Petitioner is entitled to the CAR. g. Regarding Petitioner’s request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered the case based on the evidence of record. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief. Specifically, the Board found that Petitioner’s conduct was mitigated by his PTSD as a result of combat operations in the . In addition, Petitioner is entitled to the CAR. RECOMMENDATION In view of the above, the Board directs the following corrective action: Petitioner’s naval record be corrected by issuing him a new DD Form 214 reflecting that his characterization of his service at his discharge from Marine Corps was honorable (and reflecting the addition of the Combat Action Ribbon in addition to his currently-reflected awards), issuing him an certificate of discharge reflecting honorable service, and issuing him the Combat Action Ribbon, and that no further action be granted. A copy of this report of proceedings shall be filed in Petitioner’s naval record. That upon request, the Department of Veterans Affairs is informed that Petitioner’s application was received by the Board on 4 February 2019. 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 corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy.