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. 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 be changed.
and
2. The d, consisting of
reviewed Petitioner's allegations of error and
injustice on 19 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. 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 19 July 2010.
ES
Docket No: 7014-14
ad. Petitioner served for about 10 months without
disciplinary incident. However, during the period from
27 May 2011 to 18 August 2011, he received three nonjudicial
punishments (NJP) for taking an over-the-counter drug with
intent to induce intoxication and breaking restriction on two
occasions.
e. On 14 July 2011, the commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to drug abuse. The discharge authority approved
this recommendation, but directed discharge general under
honorable conditions and on 14 October 2011, he was so
discharged.
ff. On 6 February 2013, Petitioner was granted a 30 percent
rating from the Department of Veterans Affairs for a diagnosed
adjustment disorder with anxiety and depressed mood (also
claimed as post-traumatic stress disorder (PTSD)), drug and
alcohol dependence, and insomnia.
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 Department of Veterans Affairs decision to grant the
Petitioner with a psychiatric disorder, that the Petitioner’s
request warrants relief. With that being said, the Board
concludes that the diagnosed adjustment disorder with anxiety
and depressed mood also claimed as 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 diagnoses 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.
ES
Docket No: 7014-14
RECOMMENDATION :
a. That Petitioner’s naval record be corrected to show that
on 14 October 2011, he received an honorable 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 9 April 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.
Pos oh ¢ EED
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.
VY
ROBERT J. O’NEILL
Executive Director
lg
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