Docket No: 3796-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER , 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 25 Jun 20 1. Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting that characterization of service be upgraded to Honorable due to Post-Traumatic Stress Disorder (PTSD). Enclosures (1) and (2) applies. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 14 September 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 his naval records, and applicable statutes, regulations, policies, post-service medical diagnosis and enclosure (2), 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 19 July 1994. On 6 April 1995, he received nonjudicial punishment (NJP) for 12 days of unauthorized absence. On 27 April 1995, Petitioner was counseled concerning being diagnosed as having a personality disorder that was incompatible with continued military service. Corrective actions were, provided for him to seek and participate in appropriate therapy as directed by medical personnel. Petitioner remained on active duty until he received a general discharge at the completion of his required service on 23 June 1995. Based on his record, as of 7 October 1994, his conduct average was 4.5, above the requirement to be considered for an honorable characterization of service. At the time of his service, a conduct average of 4.0 was required for a fully honorable characterization of service. c. With his application, Petitioner stated that he has been diagnosed with service-connected PTSD by the Department of Veteran Affairs (DVA), and has a current rating of 70%. d. Enclosure (2), states that a review of available service records revealed an enlistment physical examination in which Petitioner described his health as “good,” endorsed pre-service marijuana use, but denied any history of mental health conditions. Enclosure (2) additionally notes that Petitioner’s records contained a letter from a Psychiatrist that diagnosed Petitioner with Borderline Personality Disorder and strongly recommended administrative separation for unsuitability, but that the remainder of Petitioner’s in-service records did not provide any evidence of other mental health conditions. Enclosure (2) also notes that the Petitioner provided a VA Ratings Decision Letter dated 1 August 2018, which awarded service connection for PTSD with an evaluation of 70% effective 21 February 2018, but that there were no clinical records or evidence provided detailing an onset of the condition, clinical history of behavioral changes and psychological symptoms, or a linkage to his in-service misconduct. Accordingly, it was opined that Petitioner has provided minimal evidence (VA ratings decision) that he developed PTSD as a result of his military service and that there is insufficient evidence to attribute his in-service misconduct to his post-discharge diagnosed mental health conditions. 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. 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, the Board concludes that, in view of Petitioner’s overall record of military service and shown by his overall satisfactory conduct average of 4.5, the record should reflect a fully honorable characterization of service. 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 23 June 1995, he received an “Honorable” discharged. Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD 214). 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 3 April 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 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.