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.€. L552
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
12 April 1989, be changed.
2. The Board, consisting of ? 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 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 is 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 26 November 1985.
ES
Docket No: 6513-14
d. Petitioner served for about two years and two months
without disciplinary incident. However, during the period from
15 January 1988 to 23 January 1989, he was convicted by special
court-martial (SPCM) and received nonjudicial punishment (NJP)
for four periods of unauthorized absence (UA) totaling 110 days.
e. On 16 March 1989, Petitioner was administratively
processed for separation. After waiving his procedural rights,
the discharge authority directed separation under other
than honorable conditions by reason of misconduct, and on
12 April 1989, he was so discharged.
fF. In December 2013, Petitioner was diagnosed with a Post-
Traumatic Stress Disorder (PTSD). In his application, he
asserts that although not diagnosed until a later date, he
believes that PTSD had already manifested at the time of his
discharge, and that it was related to his childhood development
and tilitary service.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner’s request warrants favorable
relief.
In regard to the foregoing, the Board initially noted
Petitioner's record of disciplinary incidents and does not
condone his 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 his discharge. After carefully considering all the
evidence, the Board felt that his diagnosed PTSD should mitigate
the misconduct he committed, since it 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 12 April 1989, he received a general discharge.
ES
Docket No: 6513-14
b. That a copy of this report of proceedings he 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 May 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. 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.
Z
ROBERT J. O'NEILL
Executive Director
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 | NR7014 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: 7014-14 25 June 2015 From: Chairman, Board for Correction of Naval Records Tos Secretary of the Navy \ Ref: (a) LO UsS.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 the characterization of his discharge be changed. The d, consisting of reviewed...
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 | CY2015 | NR1282 15_Redacted
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 EGA Docket No: 1282-15 15 July 2015 From: Chairman, Board for Correction of Naval Records Tot Secretary of the Navy Ref: (a) 10 U.S.C. 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 bad conduct discharge issued on 6 November 1991, be changed. ...
NAVY | BCNR | CY2014 | NR13255 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 TUR Docket No: 13255-14 19 February 2015 From: Chairman, Board for Correction of Naval Records cite Ref: (a) 10 U.S.c. In this regard, this evidence led the TUR Docket No: 13255-14 Board to reasonably conclude that the PTSD condition was directly related to his traumatic service connected events in RVN, existed at the time of his discharge, and subsequently resulted in...
NAVY | BCNR | CY2014 | NR5850 14_Redacted
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. 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. This evidence led the Board to reasonably conclude...
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 | NR6610 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: 6610-14 29 July 2015 From: Chairman, Board for Correction of Naval Records LO Secretary of the Navy ef: (a) 10 U.S.C. elie: sountcting ot reviewed Petitioner's allegations of error and injustice on 10 July 2015 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. ...
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...