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NAVY | BCNR | CY2014 | NR2158 15_Redacted
Original file (NR2158 15_Redacted.pdf) Auto-classification: Approved
DEP A RTM E NT  OF  THE  N AVY 

BOARD  FOR  CORREC TI ON  OF  NAVAL RECO R DS 

70 1  S.  CO U R TH OUSE  ROAD ,  SU IT E  1 001 

ARL I NGTON ,  VA  22204-2490 

TJR 
Docket  No :  2158-15 
30  March  2015 

From :  Chair man ,  Board  for  Correction  of  Naval  Records 
To : 

Secretary  of  the  Navy 

Subj : ~L  RECORD  OF 

Ref : 

l  0  U . S . C .  15 5 2 

( a) 
(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 . 

En cl : 

(1)  DD  Form  149  with  attachments 
(2)  Case  summary 
(3)  Subject's  naval  record  (Excerpts) . 

1 .  Pursuanc  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 . 

2 .  The  Board,  consisting  of
eviewed Petitioner'
rch  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 : 

c 

a .  Before  applying  to  this  Board,  Petitioner  exhausted  all 

a dmi nistrative  remedies  available  under  existing  law  and 
regulations  within  the  Department  of  the  Navy . 

b .  Although  it  appears  that  enclosure  (1)  was  not  filed  in  a 

timely  manner,  it  is  in  the  interest  of  justice  to  waive  the 
s t atute  of  limitations  and  review  the  application  on  its  merits . 

TJR 
Docket  No:  2158-15 

c.  Petitioner  enlisted  in  the  Marine  Corps  and  began  a  period 

of  active  duty  on  22  September  2006  at  the  age  of  18.  He  served 
without  discipl inary  infraction  until  25  March  2010,  when  his 
urine  sample  tested  positive  for  88ng/ml  grams  of  marijuana. 

d.  As  a  result  of  the  foregoing,  Petitioner  was  processed  for 

separation  by  reason  of  misconduct  due  to  drug  abuse,  which  was 
in  direct  violation  of  the  Navy's  Zero  Tolerance  Policy .  Upon 
completion  of  administrative  separation  procedural  review,  on  3 
November  2010,  Petitioner  was  issued  an  other  than  honorable 
discharge  by  reason  of  misconduct  due  to  drug  abuse  and  assigned 
an  RE-4  reenlistment  code .  Nonetheless,  at  the  time  of  his 
discharge,  his  conduct  average  was  4 .0 ,  which  was  sufficiently 
high  for  consideration  of  a  better  characterization  of  service, 
if  warranted. 

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  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,  and 
overall  satisfactory  service  which  resulted  in  a  high  conduct 
mark  average.  Further,  the  Board  concluded  that  the  PTSD  was  a 
causative  ~ac tor  in  Petitioner's  misconduct. 
this  e vidence  led  the  Board  to  reasonably  conclude  that  the  PTSD 
condition  existed  at  the  time  of  his  discharge,  and  subsequently 
resulted  in  his  other  than  honorable  discharge .  Af ter  careful l y 
considering  all  the  evidence,  the  Board  felt  that  Pet i tioner's 
diagnosed  PTSD  should  mitigate  the  misconduct  he  committed  while 
on  active  duty  since  this  condition  outwe ighed  the  severity  of 
the  misconduct .  With  that  being  determined,  the  Board  concludes 

In  this  regard, 

2 

TJR 
Docket  No:  2158-lS 

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  f oregoing,  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  3  November  2010,  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  l6  March  2015 . 

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  a t 
foregoing  is  a  true  and  complete  record  of  the  Board ' s 
proceedings  in  the  above  entitled  matter . 

the  Board's  review  and  deliberations,  and  that  the 

REED 

Recorder 

5 .  Pursuant  to  the  delegation  of  authority  set  out  in  Section 
6(e)  of  the  revi sed  Procedures  of  the  Board  for  Correction  of 
Naval  Records  (32  Code  of  Federal  Regulation,  Section  723 .6( e)) 
and  having  ~ssured compliance  with  its  provisions,  it  is  hereby 
announced  t'hat  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 . 

Executive  Director 

3 



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