From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER USMC, XXX-XX- 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” (e) USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” of 25 July 2018 Encl: (1) DD Form 149 w/enls (2) Advisory opinion of 11 Oct 20 1. Pursuant to the provisions of reference (a), Petitioner filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting his Other than Honorable (OTH) discharge be upgraded to Honorable and to be reinstated to paygrade E-3. Enclosures (1) and (2) apply. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 26 October 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 Petitioner’s naval records, applicable statutes, regulations, policies, 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 United States Marine Corps Reserve (USMCR) and began a period of active duty for training on 25 June 1997. On 25 September 1998, he completed his required active duty for training and was transfer to his USMCR unit on 26 September 1998. During the period from 9 May to 10 July 2000, Petitioner was counseled on three occasions via certified mail, concerning his unsatisfactory participation. On 14 July 2000, Petitioner was notified via certified mail, that administrative discharge action had be initiated to discharge him from the Ready Reserve due to unsatisfactory participation. Petitioner acknowledged receipt of the notification and on 18 August 2000, his case was forwarded to the separation authority with a recommendation that he receive an other than honorable (OTH) characterization of service. It was stated that his performance reflected an excessive unsatisfactory drill attendance, and an unresponsive attitude toward his duties and responsibilities as a Marine. At that time, Petitioner had accumulated a total of 21 unauthorized missed drills since September 1999. On 11 December 2000, the request for his discharge was approved, and it was directed that Petitioner be discharged due to his failure to participate in Ready Reserve duty. On 22 December 2000, he was discharged from the Marine Corps Reserve with an OTH characterization of service. c. With his application, Petitioner stated that while in boot camp, he watched a fellow recruit commit suicide by shooting himself during rifle qualifications on the range. He asserted that the event caused him to have nightmares, flashbacks, and made it hard for him to continue his drill weekends. He never sought treatment until recently, and was able to prove the incident was the cause of his behavior, which resulted in his OTH discharge. d. 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. e. Enclosure (2), states Petitioner provided credible testimony that his duty requirements with the USMCR triggered his Post-Traumatic Stress Disorder (PTSD) symptoms such as nightmares, flashbacks, insomnia, anxiety, impaired attention and concentrations, decreased motivation for required activities that directly contributed to his avoidance behaviors and inability to fulfill his reserve drill requirements. Therefore, it was opined that there is sufficient objective evidence that Petitioner incurred PTSD as a result of his military service, and that his misconduct in the USMCR may be attributable to his 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 (e) 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” and that he be reinstated to the paygrade of E-3 effective 22 December 2000. In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION That the record reflect Petitioner was discharged from the USMCR on 22 December 2000, with an “Honorable” characterization of service. That the record reflect Petitioner was discharged from the USMCR on 22 December 2000, serving in the paygrade of E-3. That 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 be informed that Petitioner's application was received by the Board on 18 June 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 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. 12/18/2020 Executive Director