DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6631-17 MAY 14 2019 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy 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 PTSD," of 3 September 2014 (c) 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 (d) USECDEF memo "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," of25 August 2017 Encl: (1) DD Form 149 w/attachments 1. Pursuant to reference (a), Petitioner, a former enlisted member of the United States Navy, filed the enclosure with the Board for Correction of Naval Records (Board), requesting an upgrade to his characterization of service from other than honorable (0TH) to honorable. 2. The Board reviewed Petitioner's allegations of erTor and injustice on 11 December 2018 and, pursuant to its regulations, determined that no corrective action should be taken on the available evidence of record. The names and votes of the members of the panel will be furnished upon request. Documentary material considered by the Board consisted of Petitioner's application, together with all material submitted in support thereof, available portions of his naval record, a 27 November 2017 advisory opinion (AO), as well as applicable statutes, regulations, and policies. 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 regulation within the Department of the Navy. b. Although the enclosure was not filed in a timely manner, the Board found it in the interest of justice to review the application on its merits. c. Petitioner enlisted in the United States Navy on 20 February 1979. During the period from 14 January 1980 to 11 September 1981, he received non-judicial punishment (NJP) four times for twice being absent from his appointed place of duty, failing to go to his appointed place of duty, missing movement, and failing to obey a lawful order. On 7 March 1984, he was convicted by special court-martial (SPCM) of unauthorized absence (UA) totaling 536 days. He was sentenced to reduction to E-1, forfeiture of pay, confinement for three months, and a bad-conduct discharge (BCD). After the BCD was approved at all levels, Petitioner was discharged on 13 March 1985. d. In his application, Petitioner requests that his BCD be changed to "general medical" [sic] or honorable. Petitioner contends that he suffered from a mental health condition while he served in the Navy, which contributed to his misconduct, and led to his BCD. e. Petitioner' s contention that he suffered from a mental health condition was fully and carefully considered by the Board in light of references (b) through ( d). f. A qualified Navy mental health professional provided an AO concerning Petitioner's request to correct his record, which was provided to the Board. According to the AO, while Petitioner was still in the Navy, he was evaluated by a psychiatrist on 25 March 1980 and diagnosed with a personality disorder and having schizoid traits after threatening to commit suicide if forced to return to his submarine. The AO further noted that, on 12 September 2014, outpatient therapist notes reflect that Petitioner was diagnosed with schizophrenia and PTSD, which existed since 2008. In addition, according to the AO, outpatient physician records from 2004 reflect that he was diagnosed with marijuana abuse and post-traumatic stress disorder (PTSD) from an incident in which he was threatened with a knife while on submarine duty. The AO noted that, although there is no in-service documentation that coIToborates the knife incident on a submarine, there is evidence Petitioner exhibited psychiatric symptoms around that time and that he exhibited behavior consistent with avoidance. Accordingly, the AO concluded that Petitioner suffered from a mental health condition at the time of service that interfered with his judgment and Jed to his BCD discharge. CONCLUSION: The Board determined that the materials that Petitioner submitted, as well as the AO, were insufficient to establish the existence of probable material error or injustice. The Board weighed all potentially mitigating factors, such as the AO, Petitioner's post-service PTSD diagnosis and his desire to upgrade his characterization of service, as well as his contention that PTSD contributed to his misconduct. However, a majority of the Board disagreed with the A O's recommendation, concluding that it was based primarily on Petitioner's contention that he was threatened by another enlisted member with a knife while on submarine duty. The Board gave greater weight to the fact that there is no in-service documentation corroborating the knife incident or any other abuse by the crew of his submarine. The Board determined that the seriousness of Petitioner's repeated misconduct did not support relief. Finally, the Board noted that, although mental health issues may have contributed to Petitioner's pattern of behavior, they did not excuse or mitigate his misconduct or outweigh his characterization of service. The Board found that the seriousness of his misconduct, including his lengthy period ofUA, did not merit changing his BCD. The Board thus determined that Peti tioner's misconduct warranted his BCD. Based on the foregoing, the Board recommends the following: RECOMMENDATION: That Petitioner's request for correction to his record be denied, and that no corrective action be taken. EXECUTIVE DIRECTOR CONCLUSION: In consideration of references (b) through ( d), and taking into account the findings of the Board, the Executive Director found that an upgrade to Petitioner' s discharge is warranted in Petitioner's case. The Executive Director took particular note of the fact that Petitioner was evaluated by a psychiatrist prior to the misconduct that resulted in his BCD, after he made suicidal threats if he had to return to his submarine, and the evaluating psychiatrist diagnosed Petitioner with a personality disorder and schizoid traits. Outpatient notes reflect Petitioner's diagnosis with schizophrenia since at least 2008. Other outpatient notes reflect that Petitioner was diagnosed with PTSD in 2004, which was attributed to Peti tioner's time on the submarine. As a result of these facts, the AO determined that Petitioner suffered from a mental health condition at the time of service that interfered with his judgment and led to his BCD. Accordingly, the Executive Director found that Petitioner's record should be changed to reflect a general (under honorable conditions) characterization of service. In view of the above, the Executive Director recommends the following corrective action. EXECUTIVE DIRECTOR RECOMMENDATION: That Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty, to show he was discharged with a general (under honorable conditions) characterization of service. That no further corrective action be taken. 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 3 August 2017. 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 and the Executive Director's recommendation in the above-entitled matter. 5. The foregoing action of the Board is submitted for your review and action. Sincerely, Executive Director