DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2983-20 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF 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 her naval record be corrected to reflect an Honorable characterization of service. 2. The Board, consisting of , , and reviewed Petitioner’s allegations of error and injustice on 2 June 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, which was previously provided to Petitioner. Although Petitioner was afforded an opportunity to submit a rebuttal, Petitioner did not do so. 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 29 September 1998. On 5 October 1998 Petitioner was referred to medical due to recurring suicidal thoughts and ongoing depression. She was diagnosed with Occupational Problem, and Borderline and Personality Disorder that existed prior to entry (EPTE). Petitioner’s entry level separation (ELS) was effected because of the disqualifying psychiatric condition. Petitioner was notified on 9 October 1998 of administrative separation processing by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a Borderline Personality condition. She was afforded her procedural rights and chose not to consult with counsel; nor did she request review by a higher authority. On 16 October 1998 Petitioner was discharged with an uncharacterized (ELS) characterization of service. d. Petitioner contends she had no prior medical history of mental health issues prior to enlistment. She states she experienced a type of shock or trauma in training that caused her mental break and blockage. e. Petitioner provided medical documentation dated 16 July 2015 indicating the post-service mental health diagnoses referenced below. 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 25 March 2021. The AO noted that although Petitioner was diagnosed with Bipolar Disorder, Panic Disorder, as well as her previously diagnosed Borderline Personality Disorder, 17 years after her discharge from military service, there was no clinical evidence linking these diagnoses to her military service. Further, the AO concluded that the preponderance of available objective evidence failed to establish Petitioner suffered from a mental health condition, other than Personality Disorder, at the time of her military service, or that she was erroneously discharged with an uncharacterized entry-level separation. 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 partial relief and that her narrative reason for separation and corresponding codes shall reflect “Secretarial Authority.” Petitioner’s characterization of service will remain uncharacterized and her reentry code will remain RE-4. The Board applied liberal consideration to Petitioner’s contentions and also considered the totality of the circumstances to determine whether relief is warranted in the interests of justice. In its deliberations the Board found that Petitioner’s record indicated she did not want to be in the Navy. Additionally, Petitioner stated that her mother was ill and she wanted to return home. Furthermore, the Board found that Petitioner was appropriately notified of her ELS administrative separation processing and afforded her procedural rights. Accordingly, the Board found no material error or injustice with the characterization of service Petitioner received. However, in the interests of justice and in light of the potential for future negative implications, the Board determined Petitioner’s separation 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 the separation authority as “MILPERSMAN 1910-164,” separation code as “JFF,” and the narrative reason for separation as “Secretarial Authority.” That no other changes be made and 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. 7/6/2021 Executive Director