Docket No 5468-20

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 of 3 Sep 14 “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PTSD”   
        (c) PDUSD Memo of 24 Feb 16 “Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction of Military/Naval Records by Veterans Claiming PTSD or TBI” 
        (d) PDUSD Memo of 25 Aug 17 “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” 
  	(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 w/enls  
      (2) Advisory opinion of 11 Apr 21 
 
1.  Pursuant to the provisions of reference (a), Petitioner filed enclosure (1) with this Board requesting his General (under honorable condition) discharge be upgraded to Honorable on his Certificate of Release or Discharge from Active Duty (DD Form 214) due to Post-Traumatic Stress Disorder (PTSD).  He also impliedly requested that the narrative reason for separation discharge, separation authority, and separation code be changed.  Enclosures (1) and (2) apply. 
  
2.  The Board, consisting of  and  reviewed Petitioner's allegations of error and injustice on 14 June 2021, and pursuant to its regulations, determined that the partial corrective action indicated below should be taken.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval records, applicable statutes, regulations, policies, to include 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, 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 28 July 1992. 
 
     c.  On 30 November 1992, Petitioner received nonjudicial punishment (NJP) for five days of unauthorized absence, consuming alcohol beverages while under the legal drinking age, and wrongfully altering his military identification card by changing his date of birth. 
 
     d.  On 22 November 1993, Petitioner was notified of administrative discharge action by reason of convenience of the government due to a diagnosed Personality Disorder.  
 
     e.  On 23 November 1993, Petitioner’s case was forwarded to the separation authority stating that he was discharged from the Navy with the type of discharge warranted by his service record. 
  
     f.  On 24 November 1993, Petitioner was discharged from the Navy with a general characterization of service.  No performance marks were found in Official Military Personal File.   
  
     g.  In his application, Petitioner states that he was suffering from undiagnosed PTSD. 
 
     h.  Enclosure (2), states that based on the available evidence, it the mental health expert’s considered medical opinion that he preponderance of available objective evidence failed to establish Petitioner’s Personality Disorder diagnosis was in error or that his discharge characterization of service should be mitigated by any other mental health condition. 
 
     i.  Petitioner’s request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014 and the "Clarifying Guidance to Military Discharge Review Board 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" memorandum of 25 August 2017. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial favorable action.  Although he was diagnosed with a Personality Disorder, the Board concludes that, his Certificate of Release of Discharge from Active Duty (DD Form 214) should be changed to read that the narrative reason for his discharge was “Secretarial Authority” to eliminate the possibilities of invasive questions.  The Board voted  
to leave the characterization of service as “General”  due to the Petitioner’s NJP and lack of conduct marks found in his OMPF, while in service. Additionally, the separation authority and separation code should be changed. 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. 
 
RECOMMENDATION 
 
Petitioner be issued a new DD Form 214, showing that on 24 November 1993, his arrative reason for discharge was “Secretarial Authority.” 
 
That the separation authority to read “MILPERSMAN 1910-164” 
 
That the separation code to read “JFF.” 
 
That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). 
 
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 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.      
                                                           
							   6/21/2021
							   Executive Director