DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2110-19 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO FORMER PVT , USMC, 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 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” Encl: (1) DD Form 149 w/enls (2) Advisory opinion of 26 Feb 20 1. Pursuant to the provisions of reference (a), Petitioner filed enclosure (1) with this Board requesting a change to his Other than Honorable Discharge (OTH) characterization of service. 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 13 July 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. 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 Marine Corps and began a period of active duty on 29 September 1966. During his service, he received eight nonjudicial punishments (NJPs) for the use of disrespectful language, disobedience, six specifications of unauthorized absence (UA), and breaking restriction. Additionally, he was convicted by summary court-martial (SCM) of two periods of UA and disobedience. He served in Vietnam from April 1967 to June 1968, receiving the Vietnam Campaign Medal and the Combat Action Ribbon. On 10 July 1969, Petitioner submitted a request for an other than honorable (OTH) discharge for the good of the service for 21 days of unauthorized absence (UA) and two instances of altering a military identification card of another Marine. His request was granted and on 14 August 1969, he received an OTH discharge for the good of service. c. Petitioner asserts that after returning from Vietnam, he found it difficult to adjust to military life, and his commanding officer was always harassing and targeting him. He was denied liberty to see his 8-month pregnant wife, accused of placing graffiti on an am-track he maintained, and could not take it any longer. He wanted out and asked to be discharged. Before going to he did fine, he was not the same after. He drank a lot, felt angry all the time, and he did not know he could appeal his discharge. d. As new evidence, Petitioner provided outpatient mental health progress notes from his psychiatric care detailing extensive treatment for Post-Traumatic Stress Disorder (PTSD) from August 2014 to October 2018, and mental health clinic notes attributing the origin of the PTSD to his combat experiences in . Petitioner included a letter from the Department of Veterans Affairs granting him service-connection for treatment purposes only for PTSD. He also included a letter of support from his girlfriend detailing his ongoing PTSD symptoms. e. Enclosure (2) notes that Petitioner’s personnel records document extensive combat experiences in Vietnam with preponderance of misconduct occurring after his Vietnam 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. The VA has also granted Petitioner service-connected status for treatment for his PTSD. The AO concluded that the evidence presented by the Petitioner fully supports his claim of developing PTSD from his military service and the attribution of his range of service misconduct to his PTSD. CONCLUSION Upon review and consideration of all the evidence of record, especially in light of enclosure (2), the Board concluded that the Petitioner’s request warrants favorable action. 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, based upon Petitioner’s overall record of service, and given our current understanding of mental health conditions, Petitioner should be granted relief by changing his characterization of service to “General (under honorable condition).” In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) showing that on 14 August 1969, he received a “General (under honorable conditions) characterization of service. That 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 be informed that Petitioner's application was received by the Board on 12 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 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.