DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2007-19 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD 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 Post Traumatic Stress Disorder” (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) USD 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” (e) USECDEF Memo of 25 Jul 2018 “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” Encl: (1) DD Form 149 (2) Advisory Opinion (AO) of 11 Feb 20 1. Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting that his other than honorable (OTH) discharge be upgraded to “Honorable,” that his narrative reason for discharge be changed to “Secretarial Authority,” separation code to “JFF1,” reentry code to “RE-1,” and separation authority. Additionally, he requested that the Navy Unit Commendation with Bronze Star, and Kuwait Liberation Medal (Kuwait) be added to his Certificate of Release or Discharge from Active Duty (DD Form 214). Enclosures (1) and (2) apply. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 10 July 2020, and pursuant to its regulations, determined that the partial 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 his the naval records, and applicable statutes, regulations, policies, post-service medical diagnosis and enclosure (2), an advisory opinion (AO) provided by a 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 regulations within the Department of the Navy. b. Petitioner enlisted in the Marine Corps and began a period of active duty on 18 January 1989. On 28 June 1989, he received nonjudicial punishment (NJP) for underage drinking. On 7 July 1989 and 11 November 1989, Petitioner was issued retention counseling and warnings concerning unauthorized absence (UA), and his performance, and conduct. During the period from 16 August 1990 to 24 March 1991, Petitioner participated in On 18 July 1991, he received NJP for failure to obey an order. On 24 July 1991, Petitioner was issued a retention counseling and warning concerning UA and driving under the influence of alcohol. On 13 February 1992, he was issued a retention counseling and warning concerning his frequent involvement with military authorities, dependent support, and UA. On 23 March 1992, he received a third NJP for three specifications of disobeying a lawful order. On 31 March 1992, administrative discharge action was initiated to discharge Petitioner from the Marine Corps due to a pattern of misconduct. After being afforded his procedural rights, he waived his right to request that his case be heard before an administrative discharge board. His case was forwarded to the separation authority with the recommendation that he receive an other than honorable (OTH) discharge due to misconduct. On 14 April 1992, it was directed that he be discharged from the Marine Corps due to a pattern of misconduct. On 20 April 1992, Petitioner was discharged from the Marine Corps with an OTH characterization of service. c. Petitioner asserts that, at the time of his misconduct, he was suffering from depression, undiagnosed Post-Traumatic Stress Disorder (PTSD), and other mental health conditions. In addition, he was self-medicating for these conditions through the use of alcohol, this led to substance use disorder, which was exacerbated during his time in the Marine Corps. d. As part of the review process, the BCNR Mental Health Professional, who is also a medical doctor (MD) and a Fellow of the American Psychiatric Association, reviewed Petitioner’s contentions and the available records, and issued an AO dated 11 February 2020. Enclosure (2). The AO noted that Petitioner provided a letter of support from his wife, in-service medical and personnel records documenting mental health symptoms to include depression, anxiety, substance abuse, occupational dissatisfaction, and marital stress. The majority of these symptoms and issues arose after his combat experiences. Petitioner has also presented post-service mental health records that document a diagnosis of PTSD, with a clinical history from the psychiatrist attesting that the origin of his trauma occurred during his military service during his combat experiences in . The AO concluded that there is sufficient evidence of a mental health condition (PTSD) attributable to Petitioner’s military service that may have mitigated his misconduct. CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that the Petitioner’s request warrants partial relief. The Board reviewed his application under the guidance provided in references (b) through (e). 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, based upon Petitioner’s overall record of service, enclosure (2), and our current understanding of mental health conditions, the Board voted to change petitioner’s characterization of service to “General (under honorable condition).” The Board was not persuaded to change Petitioner’s narrative reason for discharge, separation code, reentry code, or separation authority. With regard to having the Navy Unit Commendation with Bronze Star and the Kuwait Liberation Medal added to his DD Form 214, it is recommended that Headquarters, United States Marine Corps, Military Awards Branch (MMER), , review Petitioner’s entitlements to personal awards and decorations and make any necessary administrative corrections to his to DD Form 214. In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. RECOMMENDATION Petitioner’s naval record be corrected to show that on 20 April 1992, he received a “General (under honorable conditions)” characterization of service. Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214), that reflects his change in characterization of service and any additional personal awards and decorations to which he may be entitled. 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 7 February 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.