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. 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
Enel: (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 Navy, filed enclosure (1) with
this Board requesting that the characterization of his other
than honorable discharge be changed in lagnt of currert
guidelines as reflected in reference (ob). This request includes
a change to the narrative reason for separation and the
corresponding separation program designator (SPD). Enclosures
(1) through (3) apply.
2. the Board, consisting of and
a reviewed Petitioner' ror and injustice
on 15 May 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:
JDR
Docket No: 4772-14
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 it appears that 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 Navy, began a period of
active duty on 1 February 1978, and served without disciplinary
incident for about four years.
qd. On 19 February 1982, Petitioner received nonjudicial
punishment (NJP) for dereliction of duty. During the period
from 8 April to 8 July 1985, he received NJP on three occasions
for six days of unauthorized absence, being absent from his
appointed place of duty, failure to go to his appointed place of
duty, and breaking restriction.
e. On 14 August 1985, Petitioner was processed for
separation and received an other than honorable discharge by
reason of misconduct due to a pattern of misconduct.
Nevertheless, at the time of discharge, his conduct average was
3.41, which was sufficient enough to warrant a “general”
characterization of service.
f. With Petitioner’s application is medical evidence
attesting to the fact that his misconduct and subsequent
administrative discharge from the Navy, were the direct result
of his diagnosed post-traumatic stress disorder (PTSD). In this
regard, he states that his periods of UA and other disciplinary
infractions were due to his suffering from PTSD and being
sexually assaulted by other servicemembers.
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, and
overall satisfactory service which resulted in a high conduct
JDR
Docket No: 4772-14
mark average. Further, the Board concluded that the PTSD was a
causative factor in Petitioner’s misconduct. In this regard,
this evidence 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. 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 by reason of “Secretarial
Authority” with a SPD code of “JFF” on 14 August 1985, 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 7 March 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. JY 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
JDR
Docket No: 4772-14
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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