Justia Military Law Opinion Summaries

The appellant, a former Marine, sought to upgrade his 1986 discharge from “Other Than Honorable” to “Honorable.” He argued that his misconduct while in the service was the result of undiagnosed post-traumatic stress disorder (PTSD) and major depressive disorder, which he claimed were caused by racial harassment and traumatic experiences during his time in the Marine Corps. He supported his application with a psychologist’s assessment diagnosing him with PTSD and major depressive disorder linked to his service. The Board for Correction of Naval Records (BCNR) also considered an advisory opinion from a Navy psychologist, who concluded that while some of the appellant’s misconduct might be attributable to PTSD or depression, not all incidents were clearly connected.After the BCNR denied his request for a discharge upgrade, the appellant brought suit in the United States District Court for the District of Massachusetts. He argued that the BCNR did not apply Department of Defense guidance requiring liberal consideration for discharge-upgrade applications involving PTSD and that the Board failed to adequately explain its reasoning. The district court, applying an “unusually deferential” standard of review to the BCNR’s decision, found that the Board’s denial was supported by substantial evidence and not arbitrary or capricious. The court granted summary judgment for the Secretary of the Navy and denied the appellant’s motion for summary judgment.On appeal, the United States Court of Appeals for the First Circuit reviewed the administrative record de novo but accorded the BCNR “unusual deference” under governing law. The court held that the BCNR properly considered all relevant Department of Defense memoranda and the evidence linking the appellant’s mental health conditions to his misconduct. The court affirmed the district court’s judgment, concluding that the BCNR’s decision was neither arbitrary nor capricious and adequately explained. View "Taylor v. Cao" on Justia Law