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 26 Jul 20 1. Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting that his Other than Honorable (OTH) discharge be upgraded due to Post-Traumatic Stress Disorder (PTSD). Petitioner previously petitioned the Board for Correction of Naval Records (Board) and was advised that his application had been disapproved. His case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). Enclosures (1) and (2) applies. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 21 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 Navy and began a period of active duty on 5 May 1992. During his service, he received nonjudicial punishments two times for operating a vehicle while impaired by alcohol, underage drinking, and wrongful use of marijuana. Petitioner was also subsequently convicted by a summary court-martial of wrongful use of marijuana. On 18 February 1995, Petitioner was discharged from the Navy for misconduct due to drug abuse under other than honorable conditions. c. On 29 August 2012, the Board reviewed Petitioner’s previous request for re-characterization of his service discharge and concluded that the factors presented at that time were insufficient to warrant re-characterization. d. In his current application, Petitioner contends that he was suffering from severe PTSD caused by things he saw and was made aware of during his deployments. Additionally, he adds that he has been diagnosed by the Department of Veterans Affairs with PTSD. 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. f. A qualified mental health professional further reviewed your request for correction to your record and provided the Board with enclosure (2). The mental health professional reviewed the Petitioner’s contentions in conjunction with his medical records in order to evaluate his assertion that he was suffering from a mental health condition. The mental health professional opined that there is sufficient evidence within the post-discharge clinical records that Petitioner developed PTSD due to his military service and that his post-deployment misconduct is likely attributable to this mental health condition. 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 “General (under honorable conditions).” 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 18 February 1995, he received a “General (under honorable conditions)” discharge. 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 22 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.