DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 5409-14
17 June 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj]: REVIEW NAVAL RECORD OF EX-SR Po
Ref: fa) 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
28 August 1991, be changed.
reviewed Petitioner's allegations of error and
injustice on 5 June 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. ‘Adthough enclosure (1) was not filed dan-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 and began a period of
active duty on 10 April 1990.
ES
Docket No: 5409-14
d. Petitioner served for about one year and four months
without disciplinary incident. However, during the period from
8 May 1991 to 6 June 1991, she received three nonjudicial
punishments (NJP) for disobedience, failure to obey a lawful
order, underage drinking, and a 22 day period of unauthorized
absence (UA).
e. In July 1991, Petitioner was processed for separation
by reason of misconduct due to a pattern of misconduct.
On 28 August 1991, she was issued an other than honorable
discharge by reason of misconduct.
£. On 22 November 2013, Petitioner was diagnosed with
Post-Traumatic Stress Disorder (PTSD) by a licensed
psychologist.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner’s request warrants favorable
relief.
The Board initially notes Petitioner's record of disciplinary
incidents and does not condone her misconduct. However, the
Board believes that based on the detailed medical history and
diagnoses’ by a licensed psychologist, that Petitioner’s’ request
warrants relief. With that being said, the Board concludes that
the diagnosed PTSD was caused by traumatic service-connected
events and existed at the time of her discharge. After
carefully considering all the evidence, the Board felt that her
diagnosed PTSD should mitigate the misconduct she committed.
In view of the above, the Board directs the following—corrective
action.
RECOMMENDATION:
a. That Petitioner’ s naval record be corrected tozshow that
on 28 August™ “19945 eeshe received a general discharge. a
“See
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 27 March 2014.
ES
Docket No: 5409-14
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. A. LASALLE
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.
O~ ROBERT J. 0!
Exécutive Diréctor
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