DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480
TIR
Docket No: 2158-15
30 March 2015
‘From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF (ey vsuc,
XXX-XX
Ref: (a) 10 U.S.c. 1552
(b) SECDEF Memorandum, “Supplemental Guidance to Military...
Boards for Correction.of Military/Naval Records
Considering Discharge Upgrade Requests by Veterans
Claiming Post Traumatic Stress Disorder” dated
September 3, 2014,
Encl: (1) DD Form 149 with attachments
(2) Case summary | 7
-.. (3). Subject's naval. secord (Excerpts)..
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 other than
honorable discharge be changed in light of current guidelines as
reflected in reference {(b). Enclosures (1) through (3) apply.
2. The Board, consisting of Ms. McCain, Mr. O'Neill, and Mr.
Relyea, reviewed Petitioner's allegations of error and injustice
on 27 March 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 it appears that enclosure (1) was not filed ina
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
TIR
Docket No: 2158-15
¢c. Petitioner enlisted in the Marine Corps and began a period
of active duty on 22 September 2006 at the age of 18. He served
without disciplinary infraction until 25 March 2010, when his
urine sample tested positive for 88ng/ml grams of marijuana.
d. As a result of the foregoing, Petitioner was processed for
separation by reason of misconduct due to drug abuse, which was
in direct violation of the Navy’s Zero Tolerance Policy. Upon
completion of administrative separation procedural review, on 3
November 2010, Petitioner was issued an other than honorable
discharge by reason of misconduct due to drug abuse and assigned
an RE-4 reenlistment code. Nonetheless, at the time of his
discharge, his conduct average was 4.0, which was sufficiently -
high for consideration of a better characterization of service,
if warranted.
e. With Petitioner’s application is an appeal for
consideration of his characterization of service based on his
diagnosed post-traumatic stress disorder (PTSD) and a clinical
psychological evaluation with progress reports, attesting to the
fact that his misconduct and subsequent administrative discharge
from the Navy, were the direct result of his PTSD.
CONCLUSION:
Upon review and consideration of all the evidence of retord, the
Board concludes that Petitioner's request warrants favorable
action.
The Board initially notes Petitioner’s misconduct and does not
condone his actions. However, the Board's decision is based on
Petitioner’s evidence as reflected in his medical and/or mental
history documentation, psychological evaluation of PTSD, and
overall satisfactory service which resulted in a high conduct
Mark average. Further, the Board concluded that the PTSD was a
causative factor in Petitioner's misconduct. In this regard,
this evidence led the Board to reasonably conclude that the PTSD
condition existed at the time of his discharge, and subsequently
resulted in his other than honorable discharge. After carefully
considering all the evidence, the Board felt that Petitioner's
diagnosed PTSD should mitigate the misconduct he committed while
on active duty since this condition outweighed the severity of
the misconduct. With that being determined, the Board concludes
TIR
Docket No: 2158-15
that no useful purpose is served by continuing to characterize
the Petitioner’s service as having been under other than
honorable conditions, and recharacterization to a general
discharge is now more appropriate.
In view of the foregoing, the Board finds the existence of an
error warranting the following corrective action.
‘RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was issued a general discharge on 3 November 2010, vice the
other than honorable discharge actually issued on that day.
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 16 March 2015. .
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
NAVY | BCNR | CY2014 | NR2158 15_Redacted
e. With Petitioner's application is an appeal for cons i deration of his characterization of service based on his diagnosed post-traumatic stress disorder (PTSD) and a clinical psychological evaluation with progress reports, attesting to the fact that his misconduct and subsequent administrative discharge from the Navy, were the direct result of his PTSD. CONCLUSION: Upon review and consideration of all t~e evidence of/record, the Board cohcludes that Petitioner's request warrants...
NAVY | BCNR | CY2015 | NR2158 15_Redacted
e. With Petitioner's application is an appeal for cons i deration of his characterization of service based on his diagnosed post-traumatic stress disorder (PTSD) and a clinical psychological evaluation with progress reports, attesting to the fact that his misconduct and subsequent administrative discharge from the Navy, were the direct result of his PTSD. CONCLUSION: Upon review and consideration of all t~e evidence of/record, the Board cohcludes that Petitioner's request warrants...
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