DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2410-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER 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) 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) (d) 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of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” of 25 July 2018 (e) 10 U.S.C. §654 (repealed) (f) UNSECDEF memo of 20 Sep 11 (Correction of Military Records Following Repeal of 10 U.S.C. §654) Encl: (1) DD Form 149 w/attachments (2) Advisory opinion of 16 Mar 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), requesting that her general (under honorable conditions) discharge due to homosexuality be upgraded on her Certificate of Release or Discharge from Active Duty (DD Form 214). Petitioner also asserts that since her discharge, she has suffered from a mental health condition. Enclosures (1) and (2) apply. 2. The Board consisting of reviewed Petitioner’s allegations of error and injustice on 10 May 2021, and pursuant to its regulations, determined that 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 25 August 2017 guidance from the Secretary of Defense regarding requests by Veterans for modification of their discharge due to mental health conditions, sexual assault, or sexual harassment (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 also considered the advisory opinion (AO) furnished by qualified mental health provider, which was previously provided to Petitioner. 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 26 September 1985. c. On 22 January 1986, a Chronological Record of Medical Care entry indicates that Petitioner was referred for a psychological evaluation by her command following her admission of homosexuality. d. On 23 January 1986, Petitioner submitted a personal statement regarding her relationship with another female Sailor. On the same day, she was notified of administrative discharge action by reason of homosexuality. Petitioner did not object to the separation, and after being afforded her procedural rights, elected to waive her right to request to have her case heard before an administrative discharge board. e. On 29 January 1986, Petitioner’s case was forwarded to the separation authority with a recommendation that she be separated from the Navy with a General (under honorable conditions) characterization of service. f. On 13 February 1986, the separation authority concurred and directed Petitioner’s discharge, with a type warranted by her service record due to homosexuality. g. On 24 February 1986, Petitioner was discharged from the Navy with General (under honorable conditions) characterization of service. h. Petitioner contends that since her discharge, she suffered from Depression, Alcoholism, and Borderline Personality Disorder, which she believes has a direct link to her discharge from the Navy. i. Enclosure (2) is an AO from the Board’s mental health professional. The AO concluded the preponderance of objective evidence failed to establish Petitioner was diagnosed or suffered from a mental health condition at the time of her military service, or that the basis for her discharge could be attributed to a mental health condition. BOARD CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that the Petitioner’s request warrants partial relief. The Board reviewed her application under the guidance provided in references (b) through (e) intended to be covered by this policy. In this regard, the Board concurs with the AO in that the preponderance of objective evidence failed to establish that Petitioner was diagnosed with or suffered from a mental health condition at the time of her military service, or that the basis for her discharge could be attributed to a mental health condition. , Reference (e) sets forth the Department of the Defense's current policies, standards and procedures for correction of military records following the “don’t ask, don’t tell” (DADT) repeal of 10 U.S.C. §654, reference (d). It provides service Discharge Review Boards with guidance to grant requests to change the narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” re-characterize the discharge to honorable, and reenlistment code to “RE-1J,” when the original discharge was based solely on DADT or a similar policy in place prior to enactment, and there are no aggravating factors in the record, such as misconduct. However, characterization of service is based in part on conduct marks assigned on a periodic basis. At the time of her service, a conduct average of 3.0 was required to be considered for a fully honorable characterization of service. Petitioner’s conduct average was 2.6. Accordingly, the Board concluded to not upgrade her discharge given her failure to attain the required conduct average. Notwithstanding, in light of references (e) and (f), the Board concluded that the separation authority should be changed to read “MILPERSMAN 1910-164,” the separation code should read “JFF,” and her narrative reason for separation should read “Secretarial Authority.” In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. BOARD RECOMMEDATION That Petitioner be issued a new DD Form 214 indicating that the separation authority was “MILPERSMAN 1910-164,” separation code was “JFF,” and the narrative reason for separation was “Secretarial Authority.” That 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. 5/28/2021 4