Docket No: 0157-20 

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 

Ref:   (a) 10 U.S.C. §1552 
Encl:  (1) DD Form 149 
       (2) Subject's naval record (excerpts) 

1. Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting that his Entry-Level discharge be upgraded on his Certificate of Release or Discharge from Active Duty (DD Form 214), so that he could qualify as a veteran.  He is alleging he failed A school because he asked for help but was given none in a school he did not request, and he was subsequently separated due to a personality disorder. 

2.  The Board, consisting of , reviewed Petitioner's allegations partial corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of his naval records, and applicable statutes, regulations, and policies. 

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 waive the statute of limitations and review the application on its merits. 

c.  Petitioner enlisted in the Navy and began a period of active service on 7 August 1991.  On 11 December 1991, a psychologist diagnosed Petitioner with a personality disorder of such severity as to render him incapable of serving adequately in the naval service.  He was recommended for discharge.  He elected not to consult with counsel or submit a written statement.  He was discharged on 31 December 1991. 

CONCLUSION 

The Board reviewed Petitioner’s application under the guidance provided in reference (a).  Specifically, the Board considered whether Petitioner’s application was the type that was intended to be covered by these policies.  Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. 

The Board's decision is based on Petitioner’s contention that he did not suffer from a personality disorder.  The Board was unable to reasonably conclude that a personality disorder existed at the time of his discharge.  

RECOMMENDATION 

In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. 

Petitioner’s naval record be corrected to show that the narrative reason for separation was “Secretarial Authority.” 

Petitioner’s naval record be corrected to show that the separation code was “JFF.” 

Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). 

A copy of this Report of Proceedings be filed in Petitioner’s naval record. 

No further relief be granted. 

Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 26 December 2019. 

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.