DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TLG
Docket No: 5113-14
18 May 2015
From: Chairman, Board for Correction of Naval Records
Tor Commandant of the Marine Corps
Subj: REVIEW NAVAL RECORD OF Sy vsic,
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 his other than honorable
discharge of 11 November 1983, be changed.
reviewed Petitioner's allegations of error 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:
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 ina
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
TLG
Docket No: 5113-14
c. Petitioner enlisted in the Marine Corps on
8 March 1992, and served for about four months without
disciplinary incident. However, during the period from
30 July 1982 to 30 September 1983, he received five nonjudicial
punishments (NJP) for two periods of unauthorized absence (UA),
disrespect, disobeying a lawful order, sleeping on duty, and
absence from his appointed place of duty.
d. Petitioner was administratively processed fdr
separation by reason of misconduct due to a pattern of
misconduct and on 10 November 1983, he received an other than
honorable discharge by reason of misconduct.
e. 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 the military sexual
trauma (MST) he experienced during his period of active duty.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitionér’s request warrants favorable
saction.
The Board initially notes Petitioner’s disciplinary incident,
and does not condone his misconduct. However, the Board
believes that the evidence in the record does not support an
other than honorable characterization of service. 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, since Petitioner did not
engage in misconduct until after he experienced MST, the Board
concluded 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 Petitioner’s diagnosed
PTSD should mitigate the misconduct he committed while on active
duty since the PTSD condition outweighed the severity of the
misconduct.
TLG
Docket No: 5113-14
In this regard, the Board concludes that the record should be
corrected to appropriately reflect an general under honorable
conditions characterization of service.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action:
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show
that on 10 November 1983, he received a general discharged. It
is also directed that he be issued a new certificate of release
or discharge from active duty (DD Form 214), which reflects the
foregoing characterization of service.
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 13 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.
A
T. J. REED
Recorder
TLG
Docket No: 5113-14
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
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