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. 1552
Encl: (1) DD Form 149 with attachments
(2) Subject's naval record
1. 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.
reviewed Petitioner's allegations of error and
injustice on 4 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 Navy and began a period of
active duty on 13 July 1987.
Docket No: 1282-15
d. On 21 April 1989, Petitioner received nonjudicial
punishment (NUP) for unauthorized absence (UA), disrespect, and
failure to obey orders. On 7 August 1990, he received a special
court-martial (SPCM) for two periods of UA and wrongful use of a
controlled substance. As a result, he was sentenced to a bad
conduct discharge, forfeiture of $300 pay per month for two
months, reduction to E-1, and 45 days confinement. On
6 November 1991, he was discharged with a bad conduct
characterization of service.
e. The Petitioner had over 9 years of previous honorable
service with the Navy fyom 6 October 1977 to 12 July 1987. ¥*
£. In his application, Petitioner states that the reason
for his misconduct was due to Post-Traumatic Stress Disorder
(PTSD) that developed after witnessing several traumatic
incidents, to include the deaths of fellow shipmates onboard the
USS Independence. He submitted copies of a recent Veterans
Administration medical assessment supporting his claim of being
treated for PTSD and character reference letters.
CONCLUSION:
Upon review and consideration,of all the evidence of record, the
Board cone puaes that Petitioner's request warrants relief. In
this regar besed upon His record of service, to include his
previous 9 years of honorable service with the Navy, relief in
the form of his characterization of service is warranted. The
Board noted that Petitioner provided a clear picture of his
character prior to his SPCM and a 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
f
Docket No: 1282-15
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 6 November 1991, he received an “other than honorable
discharge” vice a bad conduct 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 14 January 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 m
5. Pursuant to the delegation of autho 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.
U
ROBERT J. O'NEILL
Executive director
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