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 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 (2) Advisory Opinion (AO) of 27 May 20 1. Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting that his other than honorable (OTH) discharge characterization be upgraded. Enclosures (1) and (2) apply. 2. The Board, consisting of , , and , reviewed Petitioner's allegations of error and injustice on 24 August 2020, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Petitioner’s record, applicable statutes, regulations, and policies, post-service medical diagnosis, 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 28 March 1968. Petitioner was deployed to and was involved in combat operations and additional combat events from 11 October 1968 to 8 December 1968. During his combat deployment, he was awarded the Combat Action Ribbon, the Service Medal, and the National Defense Service Medal. On 3 March 1969, Petitioner received nonjudicial punishment for being absent from his appointed place of duty. On 21 January 1970, Petitioner was convicted by a general court-martial of two specifications of unauthorized absence (UA) totaling 218 days. He was sentenced to a period of hard labor, a forfeiture of pay, and a reduction in paygrade. On 2 March 1970, he began another period of UA that lasted 175 days, ending on 24 August 1970. On 3 September 1970, Petitioner submitted a written request for an undesirable discharge for the good of the service in order to avoid trial by court-martial for the 175 day UA. Prior to submitting his request for discharge, Petitioner conferred with a qualified military lawyer, was advised of his rights, and warned of the probable adverse consequences of accepting such a discharge. Subsequently, Petitioner’s request for discharge was granted, and on 28 September 1970, he received an other than honorable discharge in lieu of trial by court-martial. c. In his application, Petitioner stated that he is currently suffering from Post-Traumatic Stress Disorder (PTSD) due to his combat time in . Petitioner further stated that he was suffering from this condition at the time of his discharge, and thinks that it was not taken into consideration. e. Petitioner’s request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014 and the "Clarifying Guidance to Military Discharge Review Board 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" memorandum of 25 August 2017. d. Enclosure (2) is the AO provided to the Board from a qualified mental health professional who reviewed Petitioner’s contentions in conjunction with his available records and additional information provided in order to evaluate his assertion that he was suffering from a mental health condition. The AO concluded that based on the available evidence, there is sufficient evidence that Petitioner likely experienced PTSD as a result of his military service that may have mitigated Petitioner’s misconduct. CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that the Petitioner’s request warrants favorable action in the form of relief. The Board reviewed his application under the guidance provided in references (b) through (d) intended to be covered by this policy. In this regard, the Board noted Petitioner’s misconduct, and does not condone his actions. However, based upon Petitioner’s overall record, service, in light of enclosure (2), and given the current understanding of mental health conditions, relief should be granted. In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION Petitioner’s naval record is corrected to show that on 28 September 1970, he received a “General (under honorable conditions)” characterization of service. Petitioner be issued a DD Form 215, Correction to DD Form 214 Certificate of Release or Discharge from Active Duty. 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 25 March 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 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.