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. 1552
Encl: ( DD Form 149 with attachments
a
(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, in effect, that his other than
honorable (OTH) discharge be changed.
2. ard, consisting of vecoxs. ne and
ares Petitioner's allegations of error an
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.
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 enclosure (1) was not filed in a timely manner,
it 18 in the interest of justice to waive the statute of
limitations and review the application on its merits.
c. Petitioner enlisted in the Marine Corps and began a
period of active duty on 24 July 1968. During the period from
5 January 1970 to 29 October 1971, he received six nonjudicial
punishments (NJPs) for being drunk on duty, and five brief
periods of unauthorized absence (UA). He was also convicted by
both summary and special courts-martial of two periods of UA
totaling 53 days and breaking restriction. Subsequently, he was
processed for separation by reason of misconduct, and on 15
December 1971, he was so discharged.
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. He attached a psychologist
report that states his post service diagnosed PTSD, in part,
derives solely from psychological trauma he incurred during his
military service in Vietnam, and found to be service-connected.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner’s request warrants relief. In
this regard, based upon his record of service, to include his
misconduct and Vietnam combat service, relief in the form of his
characterization of service should be changed to general. The
Board noted that the Petitioner provided a detailed medical
history and PTSD diagnosis from a psychologist addressed to the
Department of Veterans Affairs. 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, the fact that the Petitioner did not
engage in misconduct until after the traumatic incidents that led
to his PTSD was persuasive to the Board and led them to’ conclude
that the PTSD was a causative factor in the misconduct that led
to the Petitioner's discharge. Finally, after carefully
considering all the evidence, the Board felt that the
Petitioner's diagnosed PTSD should mitigate the misconduct he
committed while on active duty since the PTSD condition
outweighed the severity of the misconduct. In view of the above,
the Board directs the following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
on 15 December 1971, he received a “general discharge”.
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 15 April 2014.
SON
Docket No: 5850-14
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. J. 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
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
Fxecutive director
NAVY | BCNR | CY2014 | NR1100 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7O1 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 SIN Docket No: 1100-14 5 February 2015 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy XXX-XX . 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. That Petitioner’s naval record be corrected to show that ‘on 18 September 1970,...
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 | NR1100 14_Redacted
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 SJN Docket No: 1100-14 5 February 2015 From: Chairman, Board for Correction of Naval Records Tos Secretary of the Navy ee Ref: (a) 10 U.8e€; TSS52 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...
NAVY | BCNR | CY2014 | NR6513 14_Redacted
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 ES Docket No: 6513-14 4 May 2015 | From: Chairman, Board for Correction of Naval Records TOK secretary of the Navy Subj: REVIEW NAVAL RECORD OF EX-PVT ‘ be | | AXK-XK Ref: (a) 10 U.S.€. oF and 1eviewed Petitioner's allegations of error and iniuwbiies on 23 April 2015, and pursuant to its regulations, determined that the corrective action indicated below should be taken on...
NAVY | BCNR | CY2014 | NR6513 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 ES Docket No: 6513-14 4 May 2015 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF QED USMC, XXxx-XX-Qip Ref : fa) 20 0.8.0.. 1552 Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's naval record 1. The Board, consisting of GUS viewed Petitioner's allegations of error and injustice on 23 April...
NAVY | BCNR | CY2014 | NR5409 14_Redacted
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. 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...
NAVY | BCNR | CY2014 | NR5113 14_Redacted
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 To: Commandant of the Marine Corps Ref: (a) 10 U.S.C. 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. ...
NAVY | BCNR | CY2014 | NR5113 14
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. 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...
NAVY | BCNR | CY2015 | NR106 15
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 EGA Docket No: 0106-15 23 March 2015 From: Chairman, Board for Correction of Naval Records To; Secretary of the Navy Subj: REVIEW NAVAL RECORD OF (ey usc, XXX-XX-Qayy Ref: (a) 10 U.S.C. The Board, consisting of Mr. O'Neill, Ms. McCain, and Mr. Relyea, reviewed Petitioner's allegations of error and injustice on 23 February 2015, and pursuant to its regulations, determined...
NAVY | BCNR | CY2015 | NR0106 15_Redacted
The Board, consisting of and reviewed Petitioner ' s allegations of error and n 23 February 2015, and pursuant to i ts regulations, determined that the corrective action indicated below should be taken on the available evidence of record . That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was r ece ived by the Board on 2 3 December ·2O14 . Recorder 5.