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. 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
7 September 1979, be changed.
2. 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 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 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 (NIP) for three days of unauthorized
absence (UA).
€. 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:
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
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 service connected events and
existed at the time of his discharge. In addition, 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. 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 7 September 1979, he received a “general discharge” vice a
discharge under other than honorable conditions.
2
EGA
Docket No: 0106-15
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 23 December 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. . 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
Executive director
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