DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 12072-14
14 April 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD Sea: uy USMC,
Ref: (a) 10 U.S.C. 1552
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 that the characterization of his
discharge under other than honorable conditions issued on
5 October 1970, be changed.
2. The Board, consisting iia and
reviewed Petitioner's allegations of error and
njustice on 7 April 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:
ES
Docket No: 12072-14
c. Petitioner enlisted in the Marine Corps and began a
period of active duty on 10 July 1967.
dad. Petitioner served, without disciplinary incident,
in the Republic of Vietnam (RVN) from 21 December 1967 to
3 January 1969. However, after returning from RVN, during the
period from 19 November 1969 to 5 October 1970, he received
nonjudicial punishment (NUP) on four occasions for failure to go
to his appointed place of duty on two occasions, unauthorized
absence, failure to obey lawful orders on two occasions, and
leaving his post before he was relieved.
e. On 15 September 1970, Petitioner submitted a statement
in which he admitted to wrongfully using various illegal drugs.
As a result, he was administratively processed for separation by
reason of misconduct. Subsequently, the discharge authority
directed separation under other than honorable conditions by
reason of misconduct, and on 19 March 1971, he was so
discharged.
f. In his application Petitioner asserts that although not
diagnosed until later, he believes his current diagnoses of
Post-Traumatic Stress Disorder (PTSD) had already manifested at
the time of his discharge, and is related to his RVN service.
Petitioner was rated as 100% disabled due to PTSD diagnosis from
the Department of Veterans Affairs.
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 his
RVN service, relief in the form of his characterization of
service is warranted. 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 mis-
conduct until after his departure from his tour in Vietnam 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 his 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
ES
Docket No: 12072-14
duty since the PTSD condition outweighed the severity of the
misconduct. In view of the above, the Board directs the
following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
on 19 March 1971, he received a “general discharge” vice a
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 7 November 2014.
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.
T. J. 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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