Docket No: 1143-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER USN, XXX-XX- 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 PTSD,” of 3 September 2014 (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) PDUSD memo, “Clarifying Guidance to Military Discharge Review 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 (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 with attachments 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), requesting that his naval record be corrected to reflect an upgraded characterization of service. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 14 April 2021 and, pursuant to its regulations, determined the 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 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo), and 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 considered the advisory opinion (AO) 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. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits. c. Petitioner entered a period of active duty in the Navy on 17 October 1995. On 24 September 1998 he received Nonjudicial punishment presumably for Article 112a, wrongful marijuana use. Although Petitioner’s service record is incomplete, he states in his application that he used marijuana and that this resulted in his discharge from the service. Petitioner was notified of administrative separation processing by reason of misconduct due to drug abuse, waived his procedural rights, and was discharged on 1 February 1999 with an Other Than Honorable characterization of service. d. Petitioner contends that on 22 February 1997 he attempted to deescalate a fight between his shipmate and a civilian while on liberty. Petitioner states that as a result, he was punched in the face in an unprovoked attack by the civilian and Petitioner’s jaw was broken. He was medically evacuated, underwent surgery, and his jaw was wired shut for 2 weeks. He felt excruciating pain, embarrassment, and humiliation due to the assault and disfigurement of his face. Petitioner contends marijuana use was self-medicating in an attempt to deal with physical pain, humiliation, PTSD, depression, and anxiety. e. Petitioner states in his application that he manages PTSD with healthy coping mechanisms and seeks regular medical appointments when needed. Additionally, he serves as an investigative police detective and has specialized K-9 and narcotics training. He further states that in this capacity, he helps others who have experienced substance abuse as a result of traumatic events. f. As part of the Board’s review, a qualified mental health provider reviewed Petitioner’s assertions and available records and provided an AO dated 26 February 2021. The AO noted that a positive drug test after experiencing the physical assault and related medical issues Petitioner described, in contrast to his record of no disciplinary actions, is evidence of a behavioral change which may have indicated a mental health condition. The AO concluded that there is sufficient evidence Petitioner may have exhibited behaviors associated with a mental health condition during his military service and that his misconduct may be mitigated by his mental health condition. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief. The Board reviewed his application under the guidance provided in references (b) through (e). The Board, applying liberal consideration and relying on the AO, determined there was sufficient evidence to support a finding that Petitioner suffered from a mental health condition and that his misconduct was mitigated by this condition. Additionally, the Board noted that Petitioner served for 3 years without incident and that his misconduct occurred after he incurred the injury that caused his mental health to decompensate. In the interest of justice and in light of the potential for future negative implications, the Board further determined Petitioner’s narrative reason, separation code, reenlistment code, and separation authority should be changed to “secretarial authority.” RECOMMENDATION: In view of the above, the Board directs the following corrective action: Petitioner be issued a new DD Form 214 indicating his characterization of service as “General (Under Honorable Conditions),” separation authority as “MILSPERMAN 1910-164,” separation code as “JFF,” reentry code as “RE-1J,” and narrative reason for separation as “Secretarial Authority.” That a copy of this report of proceedings be filed in Petitioner’s naval record. 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 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. 5/11/2021 Executive Director