DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9678-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER, PVT , USMC XXX- XX- 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 w/attachments (2) Advisory Opinion (AO) of 28 Dec 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 his other than honorable (OTH) discharge be upgraded. Petitioner states that he suffers from Post-Traumatic Stress Disorder (PTSD) as a result of Military Sexual Trauma (MST). Petitioner also impliedly request that the narrative reason for his discharge, separation authority, and separation code be changed. Enclosures (1) and (2) apply. 2. The Board, consisting of , , and reviewed Petitioner's allegations of error and injustice on 8 February 2021, 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 25 August 2017 guidance from the Secretary of Defense regarding requests by Veterans for modification of their discharge due to mental health conditions, sexual assault, or sexual harassment (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 qualified mental health provider, which was previously provided to Petitioner. Although Petitioner was afforded an opportunity to submit a rebuttal, Petitioner did not do so. 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 10 December 1990. c. On 27 September 1992, Petitioner was counseled concerning conducting himself in an unprofessional manner while instructing students, using vulgar and inappropriate language, and promoting unsafe practices. Additionally, he was warned that failure to take corrective action could result in administrative discharge action. d. During the period from 28 September 1992 to 29 June 1993, Petitioner received nonjudicial punishment (NJP) on three separate occasions. The offenses included, dereliction of duty, drinking and operating a government vehicle while on duty, and disobeying a lawful order. e. On 13 June 1993, Petitioner was convicted by summary court-martial of being absent from his appointed place of duty, wrongful use of marijuana, and breaking restriction. He was sentenced to a period of confinement, a forfeiture of pay, and a reduction in paygrade. f. On 29 June 1993, Petitioner underwent a medical evaluation for discharge, and it was determined that Petitioner was dependent on alcohol and that he had abused cannabis. He was informed of his Department of Veterans Affairs rights and received individual counseling at the Family Service Center. g. On 3 August 1993, Petitioner was offered, and refused drug and alcohol treatment in conjunction with his then-pending administrative discharge. h. On 14 October 1993, Petitioner received NJP for wrongful possession of marijuana. i. On 15 October 1993, Petitioner was notified of administrative discharge action for illegal drug use. After being afforded his procedural rights, he elected to waive his right to have his case heard before an administrative discharge board. j. On 18 October 1993, Petitioner’s case was forwarded to the separation authority for review, with the recommendation that he receive an OTH discharge for misconduct due to drug abuse. k. On 15 November 1993, the separation authority approved the recommendation, and on 24 November 1993, Petitioner was discharged from the Marine Corps with an OTH characterization of service. l. Petitioner states that he was physically and sexually abused on active duty. He contends that he was so close to finishing his tour that it was unfair to receive a bad discharge. He further contends that his psychiatric problems impaired his ability to serve and his discharge was improper because his command did not follow discharge regulations. Petitioner disclosed to his therapist, that while on active duty, he was continuously sexually assaulted by a male supervisor. He started to use substances to help cope. He also asserts that he attempted to seek substance abuse treatment as a way to get away from his supervisors, in hopes of ending the sexual assaults. He sought help through the Navy, however, he was not offered treatment following relapse. The ongoing sexual assault resulted in his inability to trust others and the formulation of aggressive behaviors, which has led to physical violence. He continues to struggle with substance abuse and is currently attending residential treatment. Finally, he reported experiencing symptoms of PTSD, including sleeping issues, flashbacks, physiological reactions, negative emotional states, panic attacks, and difficulty concentrating. m. The AO provided to the Board states in part that there is sufficient indirect evidence Petitioner exhibited behaviors associated with being a victim of MST during his military service, and some of his misconduct may be mitigated by his mental health disorder. BOARD 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, the Board determined that his characterization of service should be changed to “General (under honorable conditions),” and that the narrative reason for separation read “Secretarial Authority.” In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION That Petitioner’s naval record shall be corrected to show that on 24 November 1993, he received a “General (under honorable conditions)” characterization of service. That Petitioner’s naval record shall be further corrected by changing the narrative reason for separation to read “Determination of the Service Secretary – Secretary of the Navy Plenary Authority.” That the separation authority read “MARCORSEPMAN par 6214.” That the separation code read “JFF1.” That the Petitioner shall be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). No further action shall be granted. A copy of this report of proceedings is to be filed in Petitioner’s naval record. 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 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. 2/17/2021 Executive Director