Docket No: 119-21 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 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 (NR20210000119) (2) Physician Advisor, BCNR, Advisory Opinion of 16 May 21 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting an upgrade to his discharge to reflect a general characterization of service. Enclosure (2) and references (a) through (e) apply. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 9 July 2021, 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 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 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta 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), enclosure (2), furnished by qualified mental health provider. 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 interest of justice to review the application on its merits. c. Petitioner enlisted in the Marine Corps and began a period of active duty on 8 August 2011. d. In 2013, while stationed onboard the , Petitioner states that while he was on the flight deck one of the rotating radars that sit on top of the ship fell next to him, almost striking and killing Petitioner. e. On 30 June 2015, Petitioner reenlisted in the Marine Corps for a period of four years. f. On 16 September 2016, Petitioner was counseled for mismanagement of his Government Travel Credit Card (GTCC). On 4 March 2017, Petitioner was counseled for failure to pay his GTCC. On 13 March 2017, Petitioner was counseled on social medical guidance, unofficial internet posts. On 31 March 2017, Petitioner was counseled for wrongful use of a controlled substance. g. On 5 April 2017, Petitioner received nonjudicial punishment (NJP) for violating Uniform Code of Military Justice, Article 112a. h. On 4 May 2017, Petitioner was notified of administrative separation proceedings against him on the basis of Misconduct, Drug Abuse. On 4 May 2017, Inspector-Instructor SITE SUPPORT recommended that Petitioner be administratively discharged with an other than honorable characterization of service on the basis of drug abuse, first offense. i. On 4 May 2017, Petitioner acknowledged his rights and waived his right to appear before an Administrative Separation Board. j. On 9 May 2017, Petitioner was discharged from the Marine Corps on the basis of Misconduct with an other than honorable characterization of service. k. In his application for correction, Petitioner requests an upgrade to his characterization of service from other than honorable to honorable, and the addition of “Continuous Honorable Active Service from 110808 until 150629” to the Remarks Section of his Certificate of Release or Discharge from Active Duty (DD Form 214). Petitioner states that he was feeling down and depressed in August 2020 and sought assistance from Veterans Affairs (VA). He was diagnosed with Anxiety Disorder, Depression and began mental health treatment. He provides a personal statement with his application, provides his VA rating/decision letter, and notes that he has had time to mature which has given him better insight into his behavior. l. As part of the review process, a Medical Advisor reviewed Petitioner’s available records and issued an Advisory Opinion that concluded that there is sufficient objective evidence that Petitioner may have exhibited behaviors associated with a mental health condition during his military service and his misconduct may be mitigated by his mental health condition. m. The Board, in its review of Petitioner’s entire record and application, carefully weighed all potentially mitigating factors, including Petitioner’s post-service mental health diagnosis, the conclusions of the Advisory Opinion, and Petitioner’s first honorable enlistment in the Marine Corps. The Board also took into consideration Petitioner’s detailed personal statement and his positive contributions to the Marine Corps. The Board noted Petitioner’s post-service achievements and the letters of support he provided to the Board. CONCLUSION The Board substantively concurred with the findings of the Advisory Opinion and found that applying liberal consideration merits correction to Petitioner’s record by way of an upgrade to his discharge characterization from other than honorable to a general characterization of service. The Board determined that an upgrade to an honorable characterization for Petitioner’s second enlistment is not warranted given the numerous counselings for various infractions and the relatively short length of service (approximately two years) during his second period of service. The Board also found that given Petitioner’s immediate reenlistment in the Marine Corps on 30 June 2015, that Petitioner’s first period of honorable active duty service from 8 August 2011 to 28 June 2015 should be reflected with a notation in the Remarks section of his DD Form 214. RECOMMENDATION: That Petitioner’s naval record be corrected to show that on 9 May 2017, he was issued a general discharge. That Petitioner’s Remarks section on his DD Form 214 should state “Continuous Honorable Active Service from 20110808 until 20150629” to document his first period of honorable enlistment. That Petitioner be issued a new DD Form 214, reflecting his general discharge and his “Continuous Honorable Active Service from 20110808 until 20150629.” 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. 7/30/2021 Executive Director