DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 13255-14
19 February 2015
From: Chairman, Board for Correction of Naval Records
cite
Ref: (a) 10 U.S.c. 1552
(b) SECDEF Memorandum, “Supplemental Guidance to Military
Boards for Correction of Military/Naval Records
Considering Discharge Upgrade Requests by Veterans
Claiming Post Traumatic Stress Disorder” dated
September 3, 2014.
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record (Excerpts)
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, filed enclosure (1) with this
Board requesting that the characterization of his other than
honorable discharge be Changed in light of current guidelines as
reflected in reference (b). Enclosures (1) through (3) apply.
Seene Board, consisting of ne A RS es» ine
MMMM, reviewed Petitioner'd aiiegations of error and injustice
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.
b. Although it appears that enclosure (1) was not filed ina
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
TJR
Docket No: 13255-14
c. Petitioner enlisted in the Navy and began a period of
active duty on 6 January 1964 at the age of 18. He served for
two years without disciplinary incident. He also served three
tours in the Republic of Vietnam (RVN) and was awarded the
Vietnam Service Medal and the National*Defense Service Medal.
d. During the period from 28 March 1966 to 2 January 1968,
Petitioner received nonjudicial punishment (NJP) on six occasions
for four periods of unauthorized absence (UA) totalling 17 days,
being absent from his appointed place of duty, failure to obey a
lawful order, and misbehavior as a sentinel. He was also
convicted by special court-martial (SPCM) of two periods of UA
totalling 52 days, missing the movement of his ship, and breaking
restriction. As a result of the foregoing, Petitioner was
processed for separation by reason of unfitness, and on 21 March
1968, he was issued an other than honorable discharge.
Nonetheless, at the time of his discharge, his conduct average
was 3.04, which was sufficiently high for consideration of a
better characterization of service, if warranted.
e. With Petitioner’s application is an affidavit, clinical
psychological evaluation, and legal counsel dissertation
attesting to the fact that his misconduct and subsequent
administrative discharge from the Navy, were the direct result of
his youth and immaturity, and the emotional control issues he
experienced in RVN, which are diagnose symptoms of PTSD.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board initially notes Petitioner’s misconduct and does not
condone his actions. However, the Board's decision is based on
Petitioner’s evidence as reflected in his medical and/or mental
history documentation, psychological evaluation of PTSD, combat
service in RVN, and overall satisfactory service which resulted
in a high conduct mark average. Further, the fact that
Petitioner did not engage in misconduct until after the traumatic
events that led to his PTSD was persuasive to the Board, and as
such, the Board concluded that the PTSD was a causative factor in
Petitioner’s misconduct. In this regard, this evidence led the
TUR
Docket No: 13255-14
Board to reasonably conclude that the PTSD condition was directly
related to his traumatic service connected events in RVN, existed
at the time of his discharge, and subsequently resulted in his
other than honorable discharge. After carefully considering all
the evidence, the Board felt that Petitioner's diagnosed PTSD
should mitigate the misconduct he committed while on active duty
since this condition outweighed the severity of the misconduct.
With that being determined, the Board concludes that no useful
purpose is served by continuing to characterize the Petitioner’s
service as having been under other than honorable conditions, and
recharacterization to a general discharge is now more
appropriate.
In view of the foregoing, the Board finds the existence of an
error warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was issued a general discharge on 21 March 1968, vice the
other than honorable discharge actually issued on that day.
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 17 December 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.
. . REED
Recorder
TIR
Docket No: 13255-14
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
NAVY | BCNR | CY2014 | NR13255 14_Redacted
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 TUR Docket No: 13255-14 19 February 2015 From: Chairman, Board for Correction of Naval Records TO: Secretary of the Navy Subj: REVIEW a RECORD OF EX-SN Ref: (a) 10 U.S.C. 1552 (bo) SECDEF Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder”...
NAVY | BCNR | CY2015 | NR2158 15
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2480 TIR Docket No: 2158-15 30 March 2015 ‘From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF (ey vsuc, XXX-XX Ref: (a) 10 U.S.c. e. With Petitioner’s application is an appeal for consideration of his characterization of service based on his diagnosed post-traumatic stress disorder (PTSD) and a clinical psychological...
NAVY | BCNR | CY2014 | NR2158 15_Redacted
e. With Petitioner's application is an appeal for cons i deration of his characterization of service based on his diagnosed post-traumatic stress disorder (PTSD) and a clinical psychological evaluation with progress reports, attesting to the fact that his misconduct and subsequent administrative discharge from the Navy, were the direct result of his PTSD. CONCLUSION: Upon review and consideration of all t~e evidence of/record, the Board cohcludes that Petitioner's request warrants...
NAVY | BCNR | CY2015 | NR2158 15_Redacted
e. With Petitioner's application is an appeal for cons i deration of his characterization of service based on his diagnosed post-traumatic stress disorder (PTSD) and a clinical psychological evaluation with progress reports, attesting to the fact that his misconduct and subsequent administrative discharge from the Navy, were the direct result of his PTSD. CONCLUSION: Upon review and consideration of all t~e evidence of/record, the Board cohcludes that Petitioner's request warrants...
NAVY | BCNR | CY2014 | NR5850 14_Redacted
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 SIN Docket No: 5850-14 19 June 2015 From: Chairman, Board for Correction of Naval Records TS: Headquarters Marine Corps Ref: (a) 10 UseSeCe. SIN Docket No: 5850-14 d. In his application, Petitioner asserts that he had Post- Traumatic Stress Disorder (PTSD) at the time of his service that was the cause of his misconduct. This evidence led the Board to reasonably conclude...
NAVY | BCNR | CY2014 | NR4772 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 JDR Docket No: 4772-14 19 May 2015 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD Eee aaa USN, XXX-xx-Qy Ref: (a) 10 U.S.C. c. Petitioner enlisted: in’the Navy, began a period of active duty on 1 February 1978, and served without disciplinary incident for about four years. In this regard, this evidence led the...
NAVY | BCNR | CY2014 | NR4772 14_Redacted
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 JDR Docket No: 4772-14 19 May 2015 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL CORD OF oss Ret: (a) 10 U.S.C. c. Petitioner enlisted in the Navy, began a period of active duty on 1 February 1978, and served without disciplinary incident for about four years. In this regard, this evidence led the Board to reasonably...
NAVY | BCNR | CY2014 | NR12072 14
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. 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. c. That, upon request, the...
NAVY | BCNR | CY2014 | NR6366 15_Redacted
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 TAL Docket No: 6366-15/ 4408-13 4 August 2015 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. 1552 (b) SECDEF Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder” dated September 3, 2014. ...
NAVY | BCNR | CY2015 | NR6366 15_Redacted
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 TAL Docket No: 6366-15/ 4408-13 4 August 2015 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. 1552 (b) SECDEF Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder” dated September 3, 2014. ...