DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 4942-20 
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) 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) 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) 
(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 
      (2) Advisory Opinion of 31 Mar 21 

1. Pursuant to reference (a), Petitioner filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting that his other than honorable (OTH) characterization of service be upgraded to general (under honorable conditions). Enclosures (1) and (2) apply. 

2. The Board, consisting of              , reviewed Petitioner’s allegations of error and injustice on 10 May 2020, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. 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). 

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 Marine Corps and began a period of active duty on 16 September 2003. 

c. On 15 April 2004, Petitioner received nonjudicial punishment (NJP) for 73 days of unauthorized absence. 

d. On 19 May 2004, Petitioner received NJP for 25 day of UA and breaking restriction. 

e. On 25 May 2004, Petitioner was diagnosed with an Adjustment Disorder with Depressed Mood/Dysthymic D.D., Borderline Personality Disorder, Deferred, Routine Military Stressors, and received a 55 (Serious Symptoms) on the Global Assessment of Functioning Scale. 

f. On 30 June 2004, Petitioner was notified of administrative discharge action due to commission of a serious offense. He elected not to consult with counsel, or to have his case heard before an administrative discharge board. Petitioner’s case was forwarded to the separation authority with a recommendation that he be administratively separated from the Marine Corps by reason of misconduct due to commission of a serious offense. 

g. On 20 July 2004, a staff judge advocate reviewed Petitioner’s case and found it to be sufficient in law and fact. 

h. On 21 July 2004, the separation authority directed that Petitioner be discharged from the Marine Corps by reason of misconduct due to commission of a serious offense. 

i. On 4 August 2004, Petitioner was discharged from the Marine Corps with an OTH characterization of service. 

j. In his application, Petitioner states he was suffering through extreme depression, and had two periods of lost time. When he returned, there was zero talk about being discharged, and he was being reinstated into training. He asserts that he told the commander of the unit that he was severely depressed, and could not continue serving. He further asserts that that the day he left the base, the paperwork they had him sign stated, he was being discharged for misconduct with an OTH characterization of service. He believes that the only reason he was discharged was due to his medical discharge recommendation, as there was no cause or mention for discharge previous to his diagnosis. 

k. The AO provided to the Board concluded that there is sufficient direct evidence Petitioner exhibited behaviors associated with a mental health condition during his military service and his misconduct may be mitigated by his mental health condition. 

CONCLUSION: 
Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants favorable action. In this regard, the Board noted Petitioner’s misconduct, and does not condone his actions. However, based upon Petitioner’s overall record, in light of enclosure (2), and given our current understanding of mental health conditions, the Board concluded that his characterization of service should be changed to “General (under honorable conditions).” The Board also voted to change the separation authority, and narrative reason for separation. In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 

RECOMMENDATION: 
That Petitioner’s naval record shall be corrected by changing the narrative reason for separation to reflect “Secretarial Authority.” 

That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 
214) indicating his characterization of service as “general (under honorable conditions).” 

That the separation authority shall read “MARCORSEPMAN par 6214.” 

That the separation code shall read “JFF1.” 

No further action be granted. A copy of this report of proceedings is to 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. 


5/18/2021 

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