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 31 Jul 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 be upgraded to General due to a mental health condition causing Post-Traumatic Stress Disorder (PTSD). Petitioner previously petitioned the 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) apply. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 28 July 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, which was previously provided to the Petitioner. 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 4 November 1982. Petitioner received nonjudicial punishment (NJP) six times for cheating in “A” School, absence from his appointed place of duty on two occasions, wrongful use of amphetamine and methamphetamine, failure to obey an order, disrespect, wrongful use of marijuana, and possession of drug paraphernal. On 19 April 1985, Petitioner was discharged from the Navy with an other than honorable characterization of service. c. On 23 October 2002, the Board reviewed Petitioner’s previous request for an upgrade to his characterization of service discharge and concluded no change. At that time, his contention was that based on his good post-service conduct, an upgrade was warranted. d. In his current application, Petitioner contends that just prior to his discharge, he was deployed to on a rescue/recovery mission after the Marine barracks bombing, and from that time onward he suffered from nightmares and was using drugs to help him cope. He asserts that he was very young and easily influenced by some of his experiences in foreign countries while on shore leave. He further asserts that he did some things he is not proud of, but he was not aware he was suffering from PTSD until some years after his discharge. He feels that he was unjustly punished for minor infractions because of his youth and state of mind. Additionally, he states he has suffered from major depression, has had several failed relationships, and a not so good work history. 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. Enclosure (2) states that his clinical history post-service revealed mental health conditions that met full criteria for PTSD, Major Depression, Cannabis Use Disorder, and Bipolar Disorder, Manic Type, though only PTSD and Major Depression were consistently mentioned as linked to his military service. Based on the available evidence, it was opined that there is sufficient evidence that Petitioner likely developed PTSD as a result of his military service and that his PTSD may have mitigated the latter episodes of 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, 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 19 April 1985, 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 24 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.