Docket No: 1479-20 7444-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER USNR, 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. Petitioner entered a period of active duty in the Navy on 17 February1987 that ended on 25 March 1987. He then began a period of Reserve service on 26 March 1987. On 18 May 1982 Petitioner failed to report for 12 days of Active Duty training. On 19 May 1982 Petitioner was notified by certified mail that administrative separation action had been initiated to separate him from the Navy due to unsatisfactory participation in the Ready Reserve. On 27 June 1992 his Commanding Officer recommended he be discharged with an Other Than Honorable characterization of service. On 21 July 1992 he was so discharged. c. Petitioner contends he entered the Navy with the promise he would be taught to swim. He states he failed the swim qualification, almost drowned, and had a traumatizing experience. He further contends he took swimming lessons at his own expense but was unsuccessful in learning how to swim. After the experience he received a waiver, joined the Reserve, and requested multiple times to be placed in a shore based unit due to his inability and fear of swimming. The Officer in Charge of his last assigned unit told him he was “going to learn [to swim] one way or another.” Petitioner then failed to report to his Active Duty training. d. Petitioner was diagnosed with PTSD on 14 January 2020 due to the pool incident that occurred during March of 1987 while he was in recruit training. e. Petitioner provided documentation in support of his post-service accomplishments to include 28 years (1989-2017) of service as a Fire Fighter/EMT first responder for the City of During this service he saved 2 trapped people from a burning building while off duty on 3 May 1994. He receive 2 heroism awards and various letters of appreciation for his actions. Additionally, he provided 7 character references on his behalf, dated between 2016-2020, from 5 retired military/fire department colleagues and 2 friends. 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 24 February 2021. The AO noted that post-discharge, Petitioner received a PTSD diagnosis in which his negative swim instruction and qualification experiences in recruit training were cited as the traumatic stressors. The AO further states Petitioner’s contention of PTSD is supported by his requests for a non-deploying rate change, assignment to shore-based Reserve units due to his fear of water, and likely avoidant behavior of non-participation with his Reserve unit when swim qualification was a part of his unit requirements. The AO concludes that this diagnosis should be considered as mitigation for Petitioner’s misconduct and unsatisfactory participation in his Reserve training requirements. CONCLUSION: The Board reviewed Petitioner’s application under the guidance provided in references (b) through (e). Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief and his Record of Discharge should reflect an Honorable characterization. The Board, applying liberal consideration and relying on the AO, determined there was sufficient evidence to support a finding that Petitioner suffered from PTSD and that his diagnosis mitigates the misconduct. Additionally, the Board noted that the service was aware of Petitioner’s inability to swim when he joined the Reserve and that Petitioner served 5 years of his service obligation prior to discharge. In the interest of justice and in light of the potential for future negative implications, the Board further determined Petitioner’s separation authority should be changed to “Secretary Plenary Authority.” RECOMMENDATION: In view of the above, the Board directs the following corrective action: That Petitioner be issued a Record of Discharge to reflect his characterization of service as “Honorable,” separation authority as “MILPERSMAN 3630900,” separation code as “JFF,” reentry code as “RE-1,” and narrative reason for separation as “Secretary Plenary 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