DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 1100-14
5 February 2015
From: Chairman, Board for Correction of Naval Records
Tos Secretary of the Navy
ee
Ref:
(a) 10 U.8e€; TSS52
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting, in effect, that his other than
honorable discharge be changed to general.
2. _‘Thié ard, consisting of as =:
reviewed Petitioner's allegations of error and
a
ce on 4 February 2015 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, naval
records, and applicable statutes, regulations, and 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 interest of justice to waive the statute of
limitations and review the application on its merits.
c. Petitioner enlisted in the Marine Corps and began a
period of active duty on 15 March 1967. On 4 January 1968, he
received nonjudicial punishment (NJP) for disobedience. On
1 December 1969, he received a second NJP for 30 days of
unauthorized absence (UA), ending in apprehension. On 13 April
1970, he was convicted by special court-martial (SPCM) of
57 days of UA, ending in apprehension. On 20 August 1970,
he submitted a written request for a good of the service
discharge in order to avoid trial by court-martial for 80 days of
SJN
Docket No: 1100-14
UA, ending in apprehension, going from his appointed place of
duty, two specifications of assault, drunk and disorderly
conduct, and wrongful possession of marijuana. Prior to
submitting his request for discharge, he conferred with a
qualified military lawyer, was advised of his rights, and was
warned of the probable adverse consequences of accepting such a
discharge. His request for discharge was granted and on
18 September 1970, he received an other than honorable discharge
for the good of the service in lieu of trial by court-martial.
As a result of this action, he was spared the stigma of a court-
Martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
d. In his application, Petitioner states that he served in
Vietnam for over a year, and that his unit was heavily engaged in
combat activities. He also saw a lot of death, bloodshed, and
shortly after returning from Vietnam struggled to adjust. He
submits a 14 page Veteran Information Form with progress notes
that assessed his claim of Post-Traumatic Stress Disorder (PTSD).
The counselor’s comments state, in part, that he has symptoms
consistent with PTSD.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner’s request warrants relief. In
this regard, based upon his record of service, to include Vietnam
combat service, relief in the form of his characterization of
service should be changed to general. The Board noted that the
Petitioner provided a detailed medical history and PTSD diagnosis
from a licensed clinical social worker. This evidence led the
Board to reasonably conclude that the PTSD condition was caused
by traumatic service connected events and existed at the time of
his discharge. In addition, the fact that the Petitioner did not
engage in misconduct until after the traumatic incidents that led
to his PTSD was persuasive to the Board and led them to conclude
that the PTSD was a causative factor in the misconduct that led
to the Petitioner’s discharge. Finally, after carefully
considering all the evidence, the Board felt. that the
Petitioner’s diagnosed PTSD should mitigate the misconduct he
committed while on active duty since the PTSD condition
outweighed the severity of the misconduct. In view of the above,
the Board directs the following corrective action.
SIN
Docket No: 1100-14
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
on 18 September 1970, he received a “general discharge” vice
discharge under other than honorable conditions.
b. That a copy of this report of proceedings be filed in
Petitioner's naval record.
c. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 25 September 2013.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c) 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.
Tr. . REED
Recorder
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.
ROBERT J. O'NEILL
Executive director
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