Docket No: 7429-20 
             Ref: Signature Date  
 
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) MILPERSMAN 
    (c) USD Memo, “Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity,Injustice, or Clemency Determinations,” 25 July 2018 
 
Encl:  (1) DD Form 149 with attachments 
       (2) Naval Hospital, Record, dtd 1 Mar 95 
       (3) Dept. of the Navy, Naval Hospital Corps School Memo, subj: Notice of a Notification Procedure Proposed Action, dtd 10 Mar 95 
       (4) Petitioner Memo, subj: Statement of Awareness and Request for, or Waiver of, Privileges, dtd 10 Mar 95 
       (5) Dept. of the Navy, Naval Hospital Corps School Memo, subj: [Petitioner], Recommendation for Administrative Separation by Reason of Convenience of the Government on the Basis of Personality Disorder, dtd 22 Mar 95 
       (6) DD Form 214 
       (7) Department of Veterans Affairs ltr, dtd 16 Oct 20 
 
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 characterization of service be changed to honorable. 
 
2.  The Board reviewed Petitioner’s allegations of error and injustice on 14 December 2020 and, pursuant to its regulations, the Majority of the Board determined that the corrective action indicated below should be taken.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include reference (c).   
 
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 submitted in a timely manner, it is in the interest of justice to consider Petitioner’s application on its merits.   
 
     c.  Petitioner enlisted in the Navy and began a period of active duty on 14 December 1994.  See enclosure (6). 
 
     d.  Petitioner was admitted to the Naval Hospital  on 1 March 1995 for psychiatric evaluation due to suicidal ideations.  He was diagnosed with an adjustment disorder with depressed mood, and a personality disorder (not otherwise specified) with borderline antisocial features (severe).  He was recommended for an expeditious discharge due to his ongoing risk for self-harm or harm to others.  See enclosure (2). 
 
      e.  By memorandum dated 10 March 1995, Petitioner was notified that he was being considered for an administrative separation for the convenience of the government based on his personality disorder.  See enclosure (3).  He waived his right to counsel and to submit a statement on his behalf.  See enclosure (4). 
 
     f.  By memorandum dated 22 March 1995, Petitioner’s discharge for the convenience of the government on the basis of his personality order was approved.  The characterization of discharge was directed as “Entry Level Separation.”  See enclosure (5).   
 
     g.  Petitioner was discharged from the Navy on 3 April 1995.  His service was characterized as “uncharacterized (entry level separation),” and the narrative reason for his separation was “Personality Disorder.”  See enclosure (6).   
 
      h.  As part of his application, Petitioner submitted a letter from the Department of Veterans Affairs (VA), dated 16 October 2020, indicating that his service was characterized as “honorable.”  See enclosure (7).  Petitioner asserts that he has a 100 percent service-connected disability rating, and that he can’t get an identification care because all of his paperwork says “general under honorable conditions)” while his DD Form 214 says “uncharacterized.” 
 
MAJORITY CONCLUSION: 
 
Upon careful and conscientious consideration, the Majority of the Board concluded that Petitioner should be granted partial relief.  Specifically, the Board found that the inclusion of Petitioner’s mental health diagnosis in the narrative reason for his separation could result in an unnecessary and unwarranted stigmatization of the Petitioner in the future, and therefore represents an injustice.  Accordingly, the Majority found that Petitioner’s narrative reason for separation should be changed to avoid this potential stigma. 
 
The Majority did not, however, find any injustice in Petitioner’s uncharacterized characterization of service.  Noting that reference (b) provides for an uncharacterized characterization of service in cases where individuals are notified of their separation within the first 180 days of their separation, the Majority found no potential stigma or injustice with this accurate characterization of Petitioner’s service.  The Majority was not persuaded by the presentation of evidence reflecting that the VA characterized Petitioner’s service as honorable, as such a characterization may be made for VA purposes only.  The Majority was also not persuaded by Petitioner’s assertion that his characterization of service should be changed due to his inability to get an identification card, as his DD Form 214 reflects the appropriate characterization of his service.  
 
The Board considered the totality of the circumstances to determine whether Petitioner’s characterization of service should be upgraded in accordance with reference (c).  However, in finding Petitioner’s service characterization to be consistent with governing regulations under the circumstances and no stigma attached to the Petitioner’s uncharacterized service, the Board simply did not find that the interests of justice warranted an upgrade.    
 
MAJORITY RECOMMENDATION: 
 
In view of the above, the Board recommends the following partial corrective action on Petitioner’s naval record: 
 
That Petitioner be issued a new DD Form 214 reflecting that his separation authority was “MILPERSMAN 3630900,” that his separation code was “JFF1,” and that the narrative reason for his separation was “Secretarial Authority.” 
 
That no further changes be made to the record. 
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
MINORITY CONCLUSION: 
 
Upon careful and conscientious consideration, the Minority of the Board found no error or injustice warranting a correction to Petitioner’s naval record.  The Minority found that Petitioner’s narrative reason for separation and characterization of service conformed to the regulations in effect at the time, and did not agree with the Majority opinion that Petitioner’s narrative reason for separation represents an injustice.  Like the Majority, the Minority also considered the totality of the circumstances to determine whether relief was warranted in the interests of justice in accordance with reference (c), but it concurred that no such relief was warranted in Petitioner’s case. 
 
MINORITY RECOMMENDATION: 
 
In view of the above, the Minority recommends that no changes be made to Petitioner’s 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.  The foregoing action of the Board is submitted for your review and action.  
 
                                                                              

1/19/2021