DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7873-20 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) 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) USD memo of 25 Jul 18, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” Encl: (1) DD Form 149 (NR20200007873) (2) BCNR, Advisory Opinion of 28 Apr 21 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting an upgrade to his discharge to reflect a general characterization of service. Enclosure (2) and references (a) through (e) apply. 2. The Board consisting of , , and , reviewed Petitioner's allegations of error and injustice on 9 July 2021, 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 the enclosures, relevant portions of his naval service records, and applicable statutes, regulations, and policies, and relevant Advisory Opinion. 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 waive the statute of limitations and review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty on 3 January 1996. d. On 2 July 1998, Petitioner received nonjudicial punishment (NJP) for a violation of the Uniform Code of Military Justice (UCMJ) Article 112a, wrongful use of a controlled substance (marijuana). e. On 8 July 1998, Petitioner was notified of administrative separation proceedings against him on the basis of misconduct due to drug use as evidenced by the random urinalysis conducted on 17 June 1998. f. On 16 July 1998, Commanding Officer, recommended that Petitioner be separation and noted that Petitioner admitted to willfully using marijuana and that there is no justifiable reason for his irresponsible behavior. g. On 22 July 1998, Commander, authorized Petitioner’s administrative discharge. h. On 10 August 1998, Petitioner was discharged from the Navy on the basis of Misconduct, and received an other than honorable discharge and a reentry (RE) code of RE-4. i. In Petitioner’s application for correction, he requests an upgrade to his other than honorable discharge to a general characterization of service. Petitioner provides letters of recommendation and a personal statement in support of his request. In his statement, Petitioner contends that while serving onboard the , the ship was anchored off the coast of for 72 days dealing with civil unrest and anarchy. Petitioner states that the ship also had similar experiences with civil unrest and anarchy off the coast of Albania. During both exercises, Petitioner states that the ship rescued many refugees and that he himself served as stretcher bearer. After returning home, he was in a car accident and suffered minor injuries. Petitioner states that he followed a bad influence while he was in the Navy, and since his discharge he has done volunteer work. He notes that he is a single, disabled father and has personally suffered from ending his Navy career the way he did. j. As part of the review process, a Licenses Clinical Psychologist reviewed Petitioner’s request and noted that Petitioner’s in-service records did not contain evidence of a diagnosis of a mental health condition or a psychological/behavioral changes. The Advisory Opinion stated that Petitioner contended he suffered from Post Traumatic Stress Disorder (PTSD) which resulted in his drug use. The Advisory Opinion concluded that based on the available evidence, Petitioner failed to establish Petitioner was diagnosed with a mental health condition, suffered from a mental health condition at the time of his military service, or his in-service misconduct could be mitigated by a mental health condition. The Advisory Opinion was provided to Petitioner, and he was given 30 days in which to submit a response. When Petitioner did not provide a response within the 30-day timeframe, his case was submitted to the Board for consideration. CONCLUSION The Board reviewed Petitioner’s submissions as well as his available service record, and considered the analysis and findings of the Advisory Opinion. The Board substantially concurred with the conclusion of the Advisory Opinion that the available evidence did not support a finding that Petitioner suffered from a mental health condition while serving in the Navy that mitigated his misconduct of wrongful use of marijuana. However, the Board found that Petitioner is entitled to an upgrade to a general discharge as matter of clemency. The Board took particular note of Petitioner’s single specification of wrongful use of marijuana, as well as Petitioner’s post-service letters of support and the length of time since Petitioner’s discharge from the Navy. Given Petitioner’s specific circumstances to include his post-discharge conduct, the Board found that Petitioner is entitled to an upgrade to a general characterization of service as a matter of clemency. The Board concluded that no further corrective action is warranted. In view of the above, the Board directs the following corrective action. RECOMMENDATION: That Petitioner’s naval record be corrected to show that on 10 August 1998, Petitioner was issued a general discharge. That Petitioner be issued a new DD Form 214. That a copy of this report of proceedings be filed in Petitioner’s naval record. That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 15 October 2020. 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. 7/28/2021 Executive Director