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, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PTSD,” of 3 September 2014 (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 Traumatic Brain Injury (TBI),” of 24 February 2016 (d) USD memo, “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,” of 25 August 2017 (e) SECDEF memo of 25 Jul 2018 “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 of 7 January 2021 (3) Selections of Petitioner’s Official Military Personnel File 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 naval record be corrected by upgrading his discharge characterization to honorable. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 10 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 enclosure (2), the advisory opinion (AO) furnished by a 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 the subject former member’s allegations of error and injustice, finds as follows: a. Before applying to this Board, the Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. As set forth in enclosure (3), the Petitioner enlisted in the Marine Corps and began a period of active duty on 8 April1968. c. On 22 September 1968, Petitioner commenced a period of in the as a radio operator, during which he participated in six named combat operations, earning the Service Medal with one star, Campaign Medal w/device, and the Combat Action Ribbon. d. Petitioner returned from combat operations in on 8 October 1969. After his return, he commenced a two day period of unauthorized absence. He received nonjudicial punishment on January 1970 for speeding, and again in April 1970 for failing to obey an order to keep his rifle secured. On 19 June 1970, he submitted a request for discharge, for the good of the service, based on charges that he possessed and sold marijuana. His request was accepted, and on 13 July 1970, he was discharged with an other than honorable characterization of service. e. In his petition, Petitioner described how he suffered post-traumatic stress disorder (PTSD) as a result of his experiences in combat in . He included an application he submitted to the Department of Veterans Affairs, which recounted several situations he encountered while in . Petitioner also included in his petition several character references that speak to his post-service accomplishments. f. The Board requested, and received, an advisory opinion (AO), which is at enclosure (2). The AO was considered favorable to Petitioner, and stated: Petitioner provided a credible statement detailing the frequency and severity of combat-related traumatic experiences during his combat deployment to , supported by his award of the Combat Action Ribbon. He provided a credible narrative of his psychological condition during and after his deployment, which was consistent with someone who experienced PTSD. This included maladaptive self-medication with marijuana and avoidance behavior of acknowledging guilt for offenses he did not commit in order to be released from Marine Corps service. g. The AO concluded, that there is sufficient indirect evidence that Petitioner incurred PTSD as a result of his military service and that his misconduct may be mitigated by his PTSD. CONCLUSION Upon review and consideration of all the evidence of record, and in view of references (b) through (e), the Board determined that with respect to the specific relief that Petitioner requested, there exists an error or injustice warranting relief. Specifically, the Board found, consistent with the AO, Petitioner’s service took a turn for the worse upon his return from his combat missions in , and that degradation of his conduct was mitigated by his PTSD. The nature of his offenses, use of marijuana, has been identified by the AO as a self-medication symptom associated with post-traumatic stress disorder (PTSD). In addition, the Board found that the letters Petitioner provided supported a grant of clemency. Accordingly, the Board voted unanimously to upgrade his discharge characterization to Honorable as well as associated relief in the form of changing his reason for discharge to Secretarial Authority as set forth in more detail below. Based on a careful review of all of the facts presented, the Board concludes that Petitioner is entitled to relief as follows. RECOMMENDATION In view of the above, the Board directs the following corrective action: Petitioner be issued a new DD Form 214 indicating that his discharge at separation was Honorable, that the narrative reason and authority for his separation was Secretarial Authority, and separation code was JFF1. His reentry code shall remain as RE-4; and That no further changes be made to Petitioner’s record. A copy of this report of proceedings shall 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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.