DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 8295-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER USN, XXX-XX- 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 2 May 21 1. Pursuant to reference (a), Petitioner filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting an upgrade of his other than honorable (OTH) discharge due to a mental health condition during his service. He also impliedly requested that the separation authority, separation code, and narrative reason for discharge be changed. Enclosures (1) and (2) apply. 2. The Board, consisting of Ms. , Ms. , and Mr. reviewed Petitioner’s allegations of error and injustice on 12 July 2020, 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, 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), the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel 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 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. On 17 December 1987, an Alcohol and Drug Abuse Screening Certificate reveals pre-service marijuana use and conviction for an alcohol related offense. A waiver was not required. Petitioner also acknowledged the Navy’s Drug and Alcohol Abuse Statement of Understanding. c. Petitioner enlisted in the Navy and began a period of active duty on 11 March 1988. d. On 15 March 1988, Petitioner was briefed on the Navy’s policy regarding drug and alcohol abuse. e. On 31 March 1989, Petitioner was counseled concerning wrongful abuse of alcohol. He was warned that further deficiencies in his performance and/or conduct could result in administrative discharge action. f. On 14 July 1989, Petitioner was place on Antabuse. g. On 20 September 1989, Petitioner received nonjudicial punishment (NJP) for waste, spoilage, or destruction of property, wrongful appropriation, disorderly conduct and drinking, and acts of prejudice of good order and discipline. h. On 9 March 1990, Petitioner received NJP for disobeying a lawful order, and dereliction of duty. i. On 10 September 1990, Petitioner was counseled concerning a pattern of misconduct. Additionally, he was warned that further deficiencies in his performance and/or conduct could result in administrative discharge action. j. On 13 September 1990, Petitioner received NJP for wrongful use of cocaine. k. On 19 September 1990, Petitioner was notified of administrative discharge action for misconduct due to drug abuse, and misconduct due to commission of a serious offense. After being afforded his procedural rights, he elected to waive his right to request to have his case heard before an administrative discharge board. l. On 20 September 1990, Petitioner case was forwarded to the separation authority recommending his separation from the Navy with an other than honorable (OTH) discharge. m. On 23 September 1991, a Drug and Alcohol Report determined Petitioner was not drug dependent. n. On 17 October 1991, the separation authority directed that Petitioner be discharged from the Navy due to drug abuse. o. On 18 October 1991, Petitioner was discharged from the Navy with an OTH characterization of service due to drug abuse. p. In his application, Petitioner states that while stationed on the USS , he was involved in a fire onboard in May 1989, which resulted in the death and injuries of several sailors. He believes undiagnosed PTSD undermined his military career and opened the door to drug abuse and addiction. His contends that direct involvement in the ship’s fire led to severe PTSD, and that if the traumatic event had not happened, he would not have been discharged, and certainly would not have taken drugs to mask the pain. q. The AO provided to the Board states that the available objective evidence indicated Petitioner exhibited behaviors associated with a mental health condition during his military service, and some of 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 the Petitioner’s request warrants favorable action in the form of relief. The Board reviewed her application under the guidance provided in references (b) through (e) intended to be covered by this policy. 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, relief in the form of changing his characterization of service to “General (under honorable conditions)” is warranted. Additionally, the separation authority, separation code and narrative reason for discharge should be changed. 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 showing that on 18 October 1991; he received a “General (under honorable condition)” discharge. That Petitioner’s naval record be further corrected by changing the narrative reason for separation to read “Secretarial Authority.” That the separation authority read “MILPERSMAN 1910-164.” That the separation code read “JFF.” That the Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). 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. 7/20/2021 Executive Director