Docket No: 922-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER USN, XXX-XX- Ref: (a) 10 U.S.C. 1552 (b) 10 U.S.C. 654 (Repeal) (c) UNSECDEF Memo of 20 Sep 11 (Correction of Military Records Following Repeal of 10 U.S.C. (d) SECDEF memo, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PTSD,” of 3 September 2014 (e) 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 (f) 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 (g) 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 with attachments (2) Advisory Opinion Docket No: NR20200000922 of 11 Feb 21 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 her characterization of service be upgraded to Honorable. 2. The Board consisting of reviewed Petitioner’s allegations of error and injustice on 31 March 2021 and pursuant to its regulations, determined 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 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (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 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 review the application on its merits. c. Petitioner entered a period of active duty in the Navy on 16 March 1993. On 12 November 1993 she received nonjudicial punishment (NJP) for two specifications of Article 134, disorderly conduct prejudicial to good order and discipline and service discrediting; and wrongfully committing indecent acts with a person of the same sex. Petitioner was notified of administrative separation processing by reason of homosexuality and waived her procedural right to counsel and an administrative separation board. Her chain of command noted she performed all assigned tasks in an outstanding manner and strongly recommended separation with a General (Under Honorable Conditions) characterization of service. Petitioner was discharged on 11 February 1994 with an Other Than Honorable (OTH) characterization of service. d. Petitioner contends she is disabled and suffers from anxiety, depression, and PTSD. e. As part of the Board’s review, a qualified mental health provider reviewed Petitioner’s assertions and available records and provided an AO dated 11 February 2021. The AO noted that although Petitioner contends she suffers from mental health conditions, no evidence to support the claim of a mental health diagnosis was presented. Additionally, Petitioner’s in-service records do not contain evidence of a diagnosis of a mental health condition or psychological/behavioral changes which may have indicated a mental health condition. Accordingly, the preponderance of available objective evidence failed to establish Petitioner was diagnosed with a mental health condition or suffered from a mental health condition at the time of her military service. f. Reference (c) sets forth the Department of the Defense’s current policies, standards, and procedures for correction of military records following the “don’t ask, don’t tell” (DADT) repeal of 10 U.S.C. 654. It provides service Discharge Review Boards with guidance to grant requests to change the characterization of service to “Honorable,” narrative reason for discharge to “Secretarial Authority,” SPD code to “JFF,” and reenlistment code to “RE-1J,” when the original discharge was based solely on DADT or a similar policy in place prior to enactment of it and there are no aggravating factors in the record such as misconduct. CONCLUSION: In its deliberations, the Board noted the evidence in Petitioner’s record did not establish a mental health diagnosis or condition at the time of her service. However, based upon review and consideration of all the evidence of record, and especially in light of references (b), (c), and (g), the Board concludes Petitioner’s request warrants relief. The Board noted Petitioner’s record supports that she was solely discharged on the basis of homosexuality with no aggravating factors. RECOMMENDATION: In view of the above, the Board directs the following corrective action: Petitioner be issued a new DD Form 214 and new discharge certificate indicating the characterization of service as “Honorable,” narrative reason for separation as “Secretarial Authority,” separation code as “JFF,” separation authority as “MILPERSMAN 1910-164,” and reentry code as “RE-1J.” No further changes be made to Petitioner’s record. 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 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.