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NAVY | BCNR | CY2015 | NR0106 15_Redacted
Original file (NR0106 15_Redacted.pdf) Auto-classification: Approved
DEPARTMENT OF THE  NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 

701  S. COURTHOUSE ROAD, SUITE 1001 

ARLINGTON. VA  22204-2490 

EGA 
Docket  No :  01 06- 15 
23  March  2015 

From: 
To : 

Chairman,  Board  for  Correction  of  Naval  Records 
Secretary  of  the  Navy 

Subj: 

REVIEW~RECORD OF  EX-LCPL 

I  USMC, 

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  referen ce  (a),  Petitioner,  a 
former  enlisted  member  of  the  Marine  Corps,  filed  enclosure  (1) 
with  this  Board  requesting  that  the  c haracterization  of  his 
discharge  unde r  other  than  honorable  conditions  issued  on 
7  September  1979,  be  changed . 

2 .  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 .  Documentary  material 
considered  by  the  Board  consisted  of  the  enclosures,  naval 
records,  and  applicable  statutes,  regulations,  a nd  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  t o  this  Board,  Petitioner  e xhaus ted  all 

administrative  remedies  available  under  existing  law  and 
regulations  within  the  Department  of  the  Navy . 

b .  Although  enclosure  (1)  was  not  filed  in  a  timel y  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  1  August  1974 . 

EGA 
Docket  No:  0106-15 

d .  Petitioner  received  a  formal  counseling  on  5  August 

1976,  and  was  warned  that  any  further  misconduct  could  result  in 
an  administrative ·separation  under  other  than  honorable 
conditions.  Shortly  thereafter,  ' on  9  August  1976,  he  received 
nonjudicial  punishment  (NJP)  for  three  days  of  unauthorized 
absence  (UA)  . 

e.  On  8  September  1976,  he  began  another  period  of  UA  and 

remained  absent  until  7  September  1979,  for  a  total  of  1,094 
days.  Upon  surrender,  he  was  processed  for  separation  and 
received  a  discharged  under  other  than  honorable  conditions. 

f. 

In  his  application,  Petitioner  states  that  the  reason 

for  his  UA  was  due  to  depression  and  Post-Traumatic  Stress 
Disorder  (PTSD)  that  developed  when  he  returned  from  an  overseas 
assignment .  He  submitted  copies  of  a  recent  Veterans 
Administration  medical  assessment  supporting  his  claim  of  being 
treated  for  PTSD . 

CONCLUSION : 

In 

Upon  review  and  consideration  of  all  the  evidence  of  r e cord,  the 
Board  concludes  that  Petitioner's  request  warrants  relief . 
this  regard,  based  upon  his  record  of  service,  t o  include  hi s 
foreign  service  in  a  designated  hostile  fire  area,  relief  in  the 
form  of  his  characterization  of  service  is  warranted .  The  Board 
noted  that  Petitioner  provided  a  detailed  medical  history  and 
PTSD  diagnosis  from  a  Veterans  Affairs  Medical  Center .  This 
evidence  led  the  Board  to  reasonably  conclude  that  the  PTSD 
condition  was  caused  by  traumatic  serv~ce  connect ed  events  and 
existed  at  the  time  of  his  discharge. 
In  additio n,  the  fact 
that  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  his  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 . 
the  above,  the  Board  directs  the  following  corrective  action. 

In  view  of 

RECOMMENDATION: 

a.  That  Petitioner's  naval  record  be  corrected  to  show  that 

on  7  September  1979,  he  received  a  "general  discharge"  vice  a 
discharge  under  other  than  honorable  conditions. 

2 

EGA 
Docket  No:  0106-15 

b.  Tha·t  a  copy  of  this  repo rt  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  r ece ived  by  the 
Board  on  2 3  December  ·2O14 . 

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,  a nd  tha t  the 
foregoing  is  a  true  and  complete  record  of  t h e  Board's 
proceedings  in  the  above  ent itled  matter. 

Recorder 

5.  Pursuant  to  the  d e legation  o f  auth o rity  set  out  in  Section 
6(e)  of  the  revised  Procedures  of  the  Board  for  Correc tion  of 
Naval  Re cord s  {32  Code  of  Federal  Regulation,  Secti o n  723.6(e)) 
and  having  assured  compliance  with  its  provisions,  it  is  hereby 
announced  that  the  foregoing  corrective  ac tion,  taken  under  the 
authority  of  reference  (a),  has  been  approved  by  t he  Board  on 
behalf  of  the  Secretary  of  the  Navy . 

Execut ive  director 

3 



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