DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 JUN 19 2019 From: Chairman Board for Correction of Naval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD OF FORMER USMC, XXX-XX- Ref: (a) 10 U.S.C. § 1552 (b) USECDEF memo...Guidance lo Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice. or Clemency Determinations:· of25 July 2018 (c) SECDEF memo, ··Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder:· of3 September 2014 (d) PDUSD memo . .. Clarifying Guidance to Military Discharge Review Board and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification oftheir Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment; of 25 August 2017 Encl: (1) DD form 149 w/attachments (2) Advisory opinion of3 Oct 18 1. Pursuant to the provisions of reference (a). Petitioner, a former enlisted member ofthe United States Marine Corps, filed enclosure (I) with the Board for Correction ofNaval Records (Board), requesting an upgrade to his characterization ofservice from other than honorable (0TH) to general. and that the narrati\·e reason for his separation reflect that he was discharged for mental health reasons. 2. The Board reviewed Petitioner's allegations oferror and injustice on 22 May 2019 and, pursuant to its regulations, determjned no corrective action should be taken. The names and votes ofthe members ofthe panel will be furnished upon request. DocumeRtary material considered by the Board consisted ofPetitioner's application, together with all material submitted in support thereof, available portions of his naval record, enclosure (2), as well as applicable statutes, regulations, and policies. The Executive Director, however, concluded that partial relief should be granted as set forth below. 3. The Board, having reviewed all the facts ofrecord pertaining to Petitioner's allegations of error and injustice, found as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department ofthe Navy. b. Although the enclosure \Vas not filed in a timely manner. the Board found it in the interest ofjustice to review the application on its merits. c. Petitioner enlisted in the Marine Corps on 16 December 1987. On 6 February 1989. he received nonjudicial punishment (NJP) for disobeying an order to draw a field jacket from supply, wearing eccentric glasses, and wearing an earring in the barracks. On 4 May 1989, he received NJP for being drunk and disorderly at the enlisted club. Shortly thereafter. Petitioner made what appears to be a suicidal gesture in which he placed a revolver to his head and his command referred him to a substance abuse counselor. On IO May 1989, the counselor referred him to a psychiatrist who assessed him as being alcohol dependent, and also questioned the possible existence ofa personality disorder. On 19 June 1989. he received a third NJP for failure to obey an order to shave. Subsequently, administrative separation action was initiated by reason of misconduct due to minor disciplinary infractions. Petitioner's first sergeant provided a statement concerning his perfonnance and. in it. explained that Petitioner had been sent to Naval Hospital Bethesda for a psychiatric evaluation because he seemed unable to understand the degree of his behavioral problems. The first sergeant stated that the doctor contacted the command by telephone and said Petitioner should be separated from the Marine Corps based upon a diagnosis ofa personality disorder. Petitioner waived an administrative discharge board. On his separation physical. Petitioner indicated that he had attempted suicide. suffered from depression or excessive worry, nervousness, and alcoholism. Petitioner was discharged with an 0TH characterization of service based on misconduct on 28 September I 989. d. In his application. Petitioner rcq ucsts that his 0TH characterization ofservice be changed to general. Petitioner claims he was diagnosed with a personality disorder in service, and should have been separated for that reason instead offor misconduct. After service, Petitioner was diagnosed with anxiety, depression. and insomnia. e. A licensed clinical psychologist reviewed Petitioner's request and provided the Board with an advisory opinion (AO) on 3 October 2018. The AO stated that Petitioner was experiencing alcohol use disorder during his military service, and that some ofhis misconduct may be attributed to that disorder, such as the NJP for being drunk and disorderly but not for the other two NJPs. The AO provided no opinion regarding the existence or impact ofa personality disorder on the remaining misconduct. CONCLUSION: The Board determined that the materials Petitioner submitted were insufficient to establish the existence ofprobable material error or injustice. The Board carefully weighed all potentially mitigating factors, and considered the statement regarding in-service diagnosis ofa personality disorder. The Board considered the first sergeant's statement regarding the doctor's call informing the command that he should be separated based upon a diagnosis ofa personality disorder, but noted the evaluation itselfwas not available for review in the records. Further, the Board considered the contention that Petitioner's leadership chose to disregard the clear symptoms ofan underlying mental health condition and did not consider that his actions were a symptom ofa disorder. The Board determined the two NJPs not attributed to alcohol use disorder warranted an 0TH characterization of service. In view of the above. the Board recommends the following: RECOMMENDATION: That Petitioner's request for correction to his record be denied. and that no corrective action be taken. EXECUTIVE DIRECTOR CONCLUSION: In consideration ofreferences (b) through (d), and taking into account the findings ofthe Board, the Executive Director found that clemency is warranted in Petitioner's case. The Executive Director took particular note of the first sergeant's statement regarding the diagnosis of a personality disorder in service, as well as the AO's opinion that Petitioner's diagnosed alcohol use disorder resulted in at least one of this NJPs. The Executive Director also considered the underlying misconduct for which the OTH was rendered. Specifically, the first NJP involved failing to draw a field jacket from supply, wearing eccentric glasses and an earring. The second NJP was for drunk and disorderly conduct, which the AO attributed to Petitioner's diagnosed alcohol use disorder. The third NJP was for failing to shave. Although these military offenses demonstrate incompatibility with the rigorous expectations of a Marine, they do not warrant an OTH characterization of service, especially where, as here, Petitioner appears to have had a diagnosed personality disorder, as well as other mental health conditions such as depression and anxiety. In conclusion, in view ofreferences (b) through (d). as well as the AO. the Executive Director believes that partial relief should be granted in the form ofupgrading Petitioner's 0TH characterization ofservice to general (under honorable conditions) and that the narrative reason for discharge be changed to secretarial authority. In view ofthe above, the Executive Director recommends the fol lowing corrective action. EXECUTIVE DIRECTOR RECOMMENDATION: That Petitioner be issued a new DD form 214, Certificate of Release or Discharge from Active Duty, reflecting a general (under honorable conditions) characterization ofservice, a narrative reason for discharge of"secretarial authority," separation code as ĞJFFl," and separation authority as "MARCORSEPMAN 6421 :· That no further corrective action be taken. That a copy of this report of proceedings be filed in Petitioner's naval record. That. upon request, the Department of Vctcrans Affairs be informed that Petitioner's application was received by the Board on 30 March 2018. 4. 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 ofthe Board's proceedings in the above-entitled matter. 5. The foregoing action ofthe Board is submitted for your rewiev, and action. Executive Director Reviewed, Executive Director Recommendation Approved (General (Under Honorable Conditions) Characterization of Service) JUL 17 2019 Assistant General Counsel (M&RA)