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 10 Jul 20  
  
1.  Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting that his “Bad Conduct Discharge” discharge be upgraded to General (under honorable conditions) or Honorable due to Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI).  He also impliedly requested that the separation authority, his narrative reason for separation, and separation code be changed.  Enclosures (1) and (2) applies. 
 
2.  The Board, consisting of reviewed Petitioner's allegations of error and injustice on 17 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 the 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 23 June 1980. 
On 11 March 1981, he received nonjudicial punishment (NJP) for 24 days of unauthorized absence (UA).  On 17 June 1981, he was convicted by special court-martial (SPCM) of five days of UA, and breaking restraint by leaving a Correctional Custody Unit Facility.  On 22 December 1981, he was convicted by SPCM of 51 days of UA, missing ship’s movement through design, and larceny.  Petitioner was sentenced to a period of confinement at hard labor, forfeiture of pay and a bad conduct discharge (BCD).  On 15 December 1983, he was separated from the Marine Corps with a BCD. 
  
     c.  With his application, Petitioner stated he was doing well in the Marine Corps until 6 January 1981. While home on leave, he intervened during a robbery, was attacked with a baseball bat sustaining blows to the head, as well as multiple punches and kicks to the head.  He stated that after that head trauma event, he experienced constant headaches, numbness and tingling to his face, speech difficulties, dizziness, and light-headedness, confusion, and memory difficulties. He experienced episodes of behavior he could not explain, to include UA “without any goal or destination in mind.”  He also reported psychological symptoms, stemming from the head trauma, of emotional lability, nightmares, flashbacks, irritability, frequent confusion, poor frustration tolerance, poor attention span and concentration consistent with PTSD. 
  
     d.  Enclosure (2), states that Petitioner provided personal statements describing medical and psychological symptoms following the 1981 incident that are consistent with both TBI and PTSD, with his assertion that these conditions negatively affected his judgment and behavior leading to his in-service misconduct.  Therefore, at this time, based on the available evidence, it was opined that there is sufficient evidence that Petitioner experienced TBI and PTSD during his military service and that his in-service misconduct could be attributed to a mental health condition.  
 
     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, based upon Petitioner’s overall record, in light of enclosure (2), and given our current understanding of mental health conditions, relief in the form of his characterization of service should be changed to “Honorable.”    
  
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 15 December 1982, he received an “Honorable” discharged.   
 
Petitioner’s naval record is corrected to show that on 15 December 1982, the separation authority was “MARCORSEPMAN par 6214.”   
 
Petitioner’s naval record is corrected to show that on 15 December 1982, the reason for discharge was “Secretarial Authority.”   
 
Petitioner’s naval record is corrected to show that on 15 December 1982, the separation code was “JFF1.”   
 
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 8 April 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 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.   
                                                            
11/23/2020
Executive Director