1. “Whether the BCNR erred by failing to give ‘liberal consideration’ to Doyon’s application seeking discharge relief related to his service-connected PTSD, including by failing to give liberal consideration when determining whether Doyon’s PTSD led to his discharge.”
2. “Whether the BCNR’s decision denying Doyon’s application lacks substantial evidence.”
“Because Mr. Doyon challenges the correctness of the narrative reason for his discharge, as stated in his military records, and because both 10 U.S.C. § 1552(h) and a Department of Defense memorandum (Kurta Memo) require liberal consideration for such correction requests, the Claims Court erred in holding that the liberal consideration standard does not apply to Mr. Doyon’s petition. Accordingly, we vacate the Claims Court’s decision granting judgment on the administrative record in favor of the government and remand with instructions to afford Mr. Doyon’s application liberal consideration.”
