DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2189-19 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 (2) BCNR Docket No: NR20190002189 Advisory Opinion dtd 3 March 2020 1. Pursuant to the provisions of the reference, Petitioner, a former member of the Marine Corps, filed the enclosure with this Board, requesting that his other than honorable characterization of service be upgraded. former member’s allegations of error and injustice on 18 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 the 3 March 2020 advisory opinion (AO) of a psychiatrist. 2. The Board, consisting of reviewed the subject former member’s allegations of error and injustice on 18 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 the 3 March 2020 advisory opinion (AO) of a psychiatrist 3. The Board, having reviewed all the facts of record pertaining to the subject 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. 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. The Petitioner enlisted in the Marine Corps and began a period of active duty on 29 December 1967. d. The Petitioner was in a unit that was ordered to the Republic of , and he participated in several combat operations there between the dates of 31 July 1968 to 15 June 1969. Beginning in or around October 1969, Petitioner’s performance and conduct deteriorated significantly, which was a departure from his performance and conduct prior to his various combat missions. Petitioner received the Combat Action Ribbon for his service. e. Ultimately, Petitioner’s negative conduct resulted in his recommendation for an undesirable discharge, for which he attended an administrative separation board, which recommended his discharge under other than honorable conditions. Petitioner was discharged on 9 April 1971, with an other than honorable characterization of service. f. Petitioner included with his submission a determination by the Department of Veterans Affairs, which, among other things, found service connection for treatment purposes only for post-traumatic stress disorder. g. The Board requested its own opinion from a psychiatrist, who prepared an AO dated 3 March 2020. According to the AO, “based on the available evidence, it is my considered opinion that there is sufficient evidence that it is as likely as not that the Petitioner’s PTSD was a result of his in-service military combat experiences. Additionally, it is more likely than not his in-service misconduct could be attributed to his PTSD.” 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 Republic of Vietnam. 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 the characterization of his service at his discharge from the Marine Corps was honorable, and that the narrative reason for his separation on his new DD Form 214 be changed to “Secretarial Authority,” and issuing him an certificate of discharge reflecting honorable service, 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 13 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.