Docket No. 8298-19
Ref:   Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy   
 
Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER , USMC, 
 
Ref: (a) 10 U.S.C. § 1552 
     (b) SECDEF Memo, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder,” of 3 September 2014 (Hagel Memo)   
     (c) PDUSD Memo, “Consideration of Discharge Upgrade Requests Pursuant to   Supplemental Guidance to Military Boards for Correction of Military/Naval Records by Veterans Claiming PTSD or TBI,” of 24 February 2016 
     (d) USD Memo, “Clarifying Guidance to Military Discharge Review Boards and 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,” of 25 August 2017 (Kurta Memo) 
     (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 with attachments 
       (2) Case Summary 
       
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with a request to upgrade his characterization of service.  Enclosures (1) and (2) apply.    
 
2.  The Board, consisting of      , reviewed Petitioner's petition containing certain allegations of error and injustice on 4 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 his naval service records and his medical records, and applicable statutes, regulations, policies.   
 
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.   Although enclosure (1) was not filed in a timely manner, it is in the interests of justice to review the application on its merits.  

c. Petitioner enlisted in the Marine Corps and began a period of active service on 28 October 1965.  Petitioner’s original Marine Corps service number was 2185507.   

d. On 8 November 1965, the Petitioner received non-judicial punishment (NJP) for failing to keep his locker box locked.  Between 7 June 1966 and 28 June 1967, the Petitioner participated in nine different combat operations against insurgent communist forces in the Republic of Vietnam.  On 13 October 1967, the Petitioner received NJP for failing to maintain his rifle in clean condition.  On 23 September 1968 Petitioner received NJP for unauthorized absence (UA) lasting four days.  On 28 October 1968 Petitioner received NJP for UA.  On 4 June 1969 Petitioner received NJP again.       
    
e. Ultimately, at or around Petitioner’s EAS, on 17 October 1969 Petitioner was discharged from the Marine Corps with a General (Under Honorable Conditions) (GEN) characterization of service with “Transferred to the Marine Corps Reserve,” as the type of discharge and “Convenience of the Government,” as the narrative reason for separation on his DD Form 214.  On 5 October 1977, the Department of Defense Special Review Program (SDRP) determined that Petitioner did not meet the SDRP criteria and that his discharge should not be changed. 

f. Petitioner’s final overall proficiency and conduct trait averages assigned on his period evaluations during his enlistment exceeded the USMC numerical requirements to make him eligible for a fully honorable characterization of service.          

g. Petitioner contended that he developed post-traumatic stress disorder (PTSD) during his combat service in Vietnam.  Petitioner further argued that the PTSD was a causative factor for the behavior underlying his GEN discharge characterization.  Petitioner provided a VA rating decision documenting his service-connection for PTSD with depressive disorder, not otherwise specified.  The VA rated Petitioner’s service-connected mental health condition at 30%.    

CONCLUSION: 
 
Upon review and consideration of all the evidence of record, and especially in light of the documented service-connected PTSD determination, the Board concludes that Petitioner’s request warrants relief.  Additionally, the Board reviewed his application under the guidance provided in references (b) through (e).  Specifically, the Board considered whether his application was the type that was intended to be covered by these policies. 
 
The purpose of the Secretary of Defense Memorandum (reference (b)), is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in reaching fair and consistent results in these difficult cases.”  The memorandum describes the difficulty veterans face on “upgrading their discharges based on claims of previously unrecognized”  
Mental Health Conditions.  The memorandum further explains that because Mental Health Conditions were not previously recognized as a diagnosis at the time of service for many veterans, and diagnoses were often not made until after service was completed, veterans were constrained in their arguments that Mental Health Conditions should be considered in mitigation for misconduct committed, or were unable to establish a nexus between a Mental Health Condition and the misconduct underlying their discharge.  Reference (d) was promulgated in 2017 to resolve ambiguities in light of reference (b), provide clarifying guidance to review boards with the goal to achieve greater uniformity between the services, and also to better inform veterans about how to achieve relief with these types of cases. 
 
Similarly, the intent of the Under Secretary of Defense Memorandum (reference (e)), is to simplify the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The memorandum noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.”  The memorandum sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief. 
 
In keeping with the letter and spirit of the recent policy guidance, the Board felt that Petitioner’s diagnosed PTSD and any related mental health issues should mitigate the misconduct used to characterize his discharge.  The Board also concluded that the Petitioner’s PTSD-related conditions as a possible causative factor in the misconduct contributing to his discharge characterization were not outweighed by the severity of Petitioner’s misconduct.  With that being determined, the Board concluded that no useful purpose is served by continuing to characterize the Petitioner’s service with a GEN, and that a discharge upgrade to honorable is appropriate at this time.   
 
RECOMMENDATION: 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 
 
That Petitioner’s character of service be changed to “Honorable,” the narrative reason for separation should be changed to “Secretarial Authority,” the separation authority be changed to “MARCORSEPMAN par. 6214,” the separation code be changed to “JFF1,” and the reentry/reenlistment code be changed to “RE-1J.” 
 
Petitioner shall be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty. 
 
That Petitioner be issued a new Honorable Discharge Certificate. 
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 20 August 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 Regulations, 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.