From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy   
 
Subj:  REVIEW OF NAVAL RECORD OF   
             
              
Ref:  (a) 10 U.S.C. §1552  
      (b) SECDEF Memo, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records                     Considering Discharge Upgrade Requests by Veterans Claiming PTSD,” of 3 Sep 14 
      (c) PDUSD Memo, “Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military           Boards for Correction of Military/Naval Records by Veterans Claiming PTSD or TBI,” of 24 Feb 16 
      (d) PDUSD Memo, “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,” of 25 Aug 17 
 
Encl:   (1) DD Form 149 with attachments 
        (2) Advisory Opinion (AO) of 27 Mar 20  
  
1.  Pursuant to the provisions of reference (a), Petitioner filed enclosure (1) with this Board requesting that his bad conduct discharge (BCD) be upgraded to “Honorable,” or alternatively to “General, under honorable conditions,” and that the narrative reason for his discharge be changed to “Secretarial Authority” based upon his service and diagnosed bipolar disorder.  Enclosures (1) and (2) apply. 
 
2.  The Board, consisting of ,     ,    and   , reviewed Petitioner's allegations of error and injustice on 28 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 enclosure (1), relevant portions of the Petitioner’s naval records, applicable statutes, regulations, and policies, and an advisory opinion (AO) provided by a qualified 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 25 January 1993.  On 15 December 1993, he received nonjudicial punishment (NJP) for two specifications of unauthorized absence (UA) in violation of Article 86, Uniform Code of Military Justice (UCMJ).  On 17 September 1995, he was counseled for his poor physical performance after falling out of a battalion run.  On 22 December 1995, Petitioner received NJP for assault in violation of Article 128, UCMJ, and disorderly conduct in violation of Article 134, UCMJ.  On 4 and 8 January 1996, he was counseled for his poor performance of duties and failure to sign in for restriction.  On 8 October 1996, Petitioner was counseled for being terminated from a continuing care program due to non-attendance, driving under the influence of alcohol with a blood alcohol content of .13, and UA from a reevaluation appointment.   
   c.  On 10 March 1997, Petitioner was convicted by a special court-martial of UA in violation of Article 86, UCMJ, and for wrongfully using marijuana in violation of Article 112a, UCMJ.  He was sentenced to a BCD, 30 days of confinement, and a reduction to paygrade E-1.  On 27 May 1998, Petitioner was discharged from the Marine Corps with a BCD. 
  
    d.  In enclosure (1), Petitioner asserts that he was suffering from a developing bipolar complex when he entered the Marine Corps that went undiagnosed and untreated by military doctors.  He further asserts that the stresses of his military service, a misdiagnosis of his condition and the prescription of the wrong medication by a Marine doctor, and mistreatment by his chain of command worsened his condition and led him to self-medicate with alcohol.  He asserts that his deteriorating psychological condition directly contributed to his UA and a one-time use of marijuana, resulting in his BCD. 
  
     e.  As part of the review process, the BCNR Physician Advisor, who is a medical doctor and Fellow of the American Psychiatric Association (MD), reviewed Petitioner’s contentions and available records.  Among these records was the Petitioner’s enlistment physical examination, in which the Petitioner described his health prior to his service as “good” and denied any history of substance abuse or mental health conditions; Petitioner’s separation physical examination, in which he again described himself as in “good health” and denied use of any medications, psychiatric symptoms or conditions, but which did note Petitioner’s inpatient alcohol dependence treatments and previous psychiatric treatment by the Division Psychiatrist in 1995; Petitioner’s in-service medical records; and civilian medical records provided by Petitioner detailing extensive psychiatric care from approximately 2009 to 2018.  The Petitioner’s in-service records included evidence of Petitioner’s mental health treatment, including a command-directed mental health evaluation for substance dependence after several alcohol related events and a psychiatric inpatient admission from December 1994 to January 1995 during which he was diagnosed with PTSD, alcohol dependence, and major depression, and which recommended Petitioner for Level III inpatient alcohol rehabilitation.  These records detailed that Petitioner was seen by Naval Hospital Camp LeJeune Mental Health Department on 12 March 1996 in referral for his depression and PTSD, and that this evaluation documented prior psychiatric care with the 2nd Marine Division Psychiatrist for depression and PTSD, which included the prescription of psychotropic medication for the depression (Zoloft).  Petitioner’s civilian medical records revealed diagnoses ranging from PTSD, Bi-Polar Disorder Type I, Major Depression, Traumatic Brain Injury, and Social Phobia.  A 24 August 2010 Behavioral Health Assessment indicated the origins of his PTSD as being his witnessing of a helicopter crash in November 1994 while on active duty, and that his Bipolar Disorder was initially diagnosed in 2004 with several years of prodromal symptoms preceding the diagnosis.  Further, a mental health evaluation conducted in December 2018 opined that Petitioner “had shown signs and symptoms of a developing bipolar complex since adolescence” and “entered the Marine Corps with an already developing bipolar complex [that] went undiagnosed and untreated by military doctors.”  This evaluation further opined that, “the stresses of military life worsened the severity of [Petitioner’s] bipolar complex… coupled with a failing marriage,” and that Petitioner’s “mood disturbance may have been exacerbated by the medication prescribed by [the Division Psychiatrist]” by prescribing an anti-depressant with a mood stabilizer.  Based upon this review, the MD provided an AO relied upon by the Board which found that “[i]t is not unreasonable to surmise the Petitioner could have been suffering from the early stages of Bipolar Disorder in-service.  This diagnosis, coupled with his PTSD and Alcohol Dependence, likely contributed to his misconduct.” 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record while applying the guidance providing in references (b) through (d), the Board concluded that the Petitioner’s application warrants partial relief.      
 
The Board noted the severity of the Petitioner’s misconduct and does not condone his actions.  However, based upon Petitioner’s overall service record, and the likelihood that he was suffering from mental health conditions that would mitigate his misconduct as described in the AO, the Board concluded that Petitioner’s characterization of service should be upgraded to “General (Under Honorable Conditions).”  The Board, however, was not persuaded to change Petitioner’s narrative reason for discharge as requested. 
  
RECOMMENDATION:  
 
In view of the above, the Board directs the following corrective actions: 
 
That Petitioner be issued a new DD Form 214 reflecting that on 27 May 1998 he received a “General (under honorable conditions)” discharge.   
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 6 March 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 matter. 
  
5.   Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), 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.