Docket No 5362-20 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) 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 (c) PDUSD 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 (d) Advisory Opinion dtd 4 Apr 2021 Encl: (1) DD Form 149 w/attachments (2) Case summary 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 by upgrading his discharge characterization from under other than honorable conditions to general (under honorable conditions). As set forth below, the Board recommended granting the Petitioner the relief he requested. 2. The Board, consisting of and reviewed Petitioner’s allegations of error and injustice on 17 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, including the 25 August 2017 guidance from the Under Secretary of Defense for Personnel and Readiness 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 a qualified mental health provider. 3. The Board, having reviewed all the facts of record pertaining to the subject former member’s allegations of error and injustice, finds as follows: a. Before applying to this Board, the Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. The Petitioner enlisted in the Marine Corps on 23 Mar 1999. On 2 April 2002, the Petitioner received nonjudicial punishment for unauthorized absence, disobeying an order, and being drunk and disorderly. On 30 May 2003, the Petitioner received a written warning concerning his use of alcohol. On 6 October 2003, the Petitioner received nonjudicial punishment for disobeying an order not to buy alcohol and disrespect to an officer. On 16 March 2004, he received nonjudicial punishment for disrespect to two different noncommissioned officers and for being drunk and disorderly. On 15 June 2004, the Petitioner was notified of the initiation of administrative separation processing and his rights in connection therewith. He waived his right to an administrative board. Before his separation could take place, he again received nonjudicial punishment for making threatening words or gestures to two individuals, for being drunk and disorderly, and for communicating a threat. On 2 August 2004, his commanding officer recommended that he be discharged with an other than honorable characterization of service. On 30 August 2004, the separation authority directed that the Petitioner be discharged with an other than honorable characterization of service, and on 24 September 2004, he was so discharged. c. The Petitioner contends that he suffered from schizophrenia, which commenced while he was on active duty. He provided documentation of a post-service diagnosis of schizophrenia, paranoid type. According to his psychiatrist, who reviewed Petitioner’s records, Petitioner’s symptoms began while he was in-service, and stated “[h]is behavioral deterioration is classic for schizophrenia.” d. The Board requested, and received, an advisory opinion (AO), which has been noted in the Board’s records. The AO was considered favorable to Petitioner, and concluded, “there is sufficient 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, and in view of references (b) and (c), and in light of the AO, the Board determined that there exists an error or injustice warranting relief. Specifically, the Board found, consistent with the AO, that Petitioner’s misconduct during his service should be mitigated by his mental health condition. Accordingly, the Board voted unanimously to upgrade his discharge characterization to general (under honorable conditions). Accordingly, based on a careful review of all of the facts presented, the Board concludes that Petitioner is entitled to relief as follows. RECOMMENDATION In view of the above, the Board directs the following corrective action: Petitioner be issued a new DD Form 214 indicating that his discharge at separation was General (Under Honorable Conditions); and That no further changes be made to Petitioner’s record. A copy of this report of proceedings shall 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 Regulations 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 5/24/2021 Executive Director