Docket No: 7673-19
Ref:   Signature Date 
                 
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) USD memo of 25 Jul 18, “Guidance to Military Discharge Review Boards and Boards for            Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency 
           Determinations” 

Encl:  (1) DD Form 149  
       (2) BCNR, Advisory Opinion of 12 Nov 20 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that the Board upgrade his other than honorable discharge to a general (under honorable conditions) characterization of service.  References (b)-(e) apply. 
 
2.  The Board consisting of    reviewed Petitioner’s allegations of error and injustice on 13 November 2020, and, pursuant to its regulations, determined that the corrective action indicated below should be taken.  Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo).  Additionally, The Board also considered the advisory opinion (AO) furnished by a qualified mental health provider, 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 Marine Corps and began a period of active duty on 26 September 1988.   
 
    c. Petitioner’s combat history as documented in his service record reflects his participation in                               during the period of 15 September 1990 through 15 July 1991. 
 
    d. Administrative Remarks dated 1 June 1991, indicate that Petitioner was counseled regarding an alcohol related incident.  
 
    e. On 29 October 1991, Petitioner received nonjudicial punishment (NJP) for drunken driving and wrongful use of amphetamine/methamphetamine. 
 
    f. Administrative separation proceedings were initiated against Petitioner on 25 November 1991.  Petitioner consulted with counsel and waived his right to appear before an administrative separation board. 
 
    g. On 25 November 1991, Commanding Officer,     recommended that Petitioner be discharged with an other than honorable characterization of service. 
 
    h. On 12 December 1991, a Staff Judge Advocate reviewed the administrative separation proceedings in case of Petitioner and found them sufficient in law and fact.   
 
    i. Petitioner was discharged from the Marine Corps on 14 January 1992, on the basis of misconduct-drug abuse, and received an other than honorable (OTH) discharge and a reentry (RE) code of RE-4B. 
 
    j. Petitioner seeks an upgrade of his other than honorable characterization of service to a general discharge.  He contends that he began drinking heavily and started using drugs for the first time in his life after returning from Desert Shield/Storm, and that he suffers from service-connected PTSD due to his deployment operations.  He provides post-discharge medical and treatment information as well as information about his professional and personal achievements since leaving the Marine Corps.   
 
    k. As part of the review process, a licensed clinical psychologist reviewed Petitioner’s available records and issued an AO that notes that Petitioner’s in-service records contain evidence of a mental health issue/concern as well as a pre-service propensity to misuse alcohol.  The AO concluded that based on the available evidence, there is sufficient evidence that Petitioner exhibited behaviors associated with a mental health condition during his military service and his misconduct may be mitigated by his mental health disorder. 
 
    l. The Board in its review of Petitioner’s entire record and application, carefully weighed all potentially mitigating factors, such as the Petitioner’s participation in combat operations, his performance and conduct prior to his deployments, and his post-discharge diagnosis as well as his accomplishments following his military service. 
 
CONCLUSION 
 
The Board substantially concurred with the findings of the AO and determined that Petitioner’s misconduct is mitigated by service-connected PTSD.  The Board determined that Petitioner’s discharge characterization should be upgraded from an OTH characterization of service to a general (under honorable conditions) characterization of service.   
 
The Board found that although Petitioner’s mental health condition mitigates his misconduct, his mental health issues do not absolve him of complete accountability for his actions.  The Board determined that the seriousness of Petitioner’s misconduct of wrongful use of a controlled substance and drunken driving merit an upgrade to a general characterization of service only.   
 
RECOMMENDATION: 
 
That Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty to show he was discharged with a general characterization of service, and that no further corrective action should be taken.  
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
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.