DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER, , USN, Ref: (a) 10 U.S.C. § 1552 (b) SECDEF Memo, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder,” of 3 September 2014 (Hagel Memo) (c) PDUSD Memo, “Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction of Military/Naval Records by Veterans Claiming PTSD or TBI,” of 24 February 2016 (d) USD Memo, “Clarifying Guidance to Military Discharge Review Boards and Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment,” of 25 August 2017 (Kurta Memo) (e) USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” of 25 July 2018 Encl: (1) DD Form 149 w/attachments (2) Advisory Opinion (AO) of 26 Jan 21 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), stating that he suffers from a mental health condition as a result of his military service. He is requesting that his other than honorable (OTH) discharge be upgraded. Enclosures (1) and (2) applies. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 1 March 2021, and pursuant to its regulations, determined that the partial corrective action indicated below should be taken. Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). Additionally, The Board also considered the advisory opinions (AOs) furnished by a qualified mental health provider. 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. Petitioner enlisted in the Navy and began a period of active duty on 22 October 2001. c. On 24 April 2003, Petitioner received nonjudicial punishment (NJP) for being absent from his appointed place of duty, and four days of unauthorized absence (UA). Additionally, he was counseled and warned that further misconduct could result in administrative discharge action. d. On 22 July 2003, Petitioner received NJP for disobeying a superior commissioned officer. e. On 13 February 2004, Petitioner received NJP for two specifications of UA totaling 30 days, and failing to obey an order. f. On 23 February 2004, Petitioner was notified of administrative discharge action for misconduct due to commission of a serious offense, and a pattern of misconduct. After being afforded his procedural rights, he elected to waive his right to request to have his case heard before an administrative discharge board. g. On 2 March 2004, Petitioner’s case was forwarded to the separation authority recommending the he receive an other than honorable (OTH) discharge. h. On 4 March 2004, the separation authority concurred and directed Petitioner’s separation from the Navy for misconduct due to commission of a serious offense. i. On 5 March 2004, the Petitioner was discharged from the Navy with an OTH characterization of service. j. With his application, Petitioner states he requested separation from the service after he had an extremely difficult time returning to “business as usual,” after he found the lifeless body of his best friend in their berthing space on his ship. Up until that point, he was a good Sailor, with big dreams regarding his Naval service. All of his hopes and dreams were, quickly forgotten as a new battle with PTSD was beginning. The issues that surround and tarnish his record and name were a direct result of PTSD, and he is currently diagnosed and being treated for PTSD in relation to his experience onboard his ship. k. Enclosure (2), states that there is sufficient indirect evidence some of his misconduct may be attributable to his mental health condition. l. Petitioner’s request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014, the "Clarifying Guidance to Military Discharge Review Board and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment" memorandum of 25 August 2017 BOARD CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that the Petitioner’s request warrants partial favorable action in the form of relief. The Board reviewed his application under the guidance provided in references (b) through (e) intended to be covered by this policy. In this regard, the board noted Petitioner’s misconduct, and does not condone his actions. However, based upon Petitioner’s overall record, in light of enclosures (2), and given our current understanding of mental health conditions, relief in the form of his characterization of service should be changed to “General (under honorable conditions).” In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. BORAD RECOMMENDATION That Petitioner’s naval record shall be corrected to show that on 5 March 2004, he received a “General (under honorable conditions)” characterization of service. That the Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). No further action be granted. A copy of this report of proceedings be filed in Petitioner’s naval record. 4. It is certified that 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. 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.