DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8267-17 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 Encl: (1) DD Form 149 (2) Case Summary (3) Subject's naval record (excerpts) 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps Reserve, filed enclosure (1) with this Board requesting that his Separation Code “JMJ1” and Narrative Reason for Separation “Unsuitability-Defective Attitude (w/o admin board)” be changed on his Certificate of Release or Discharge from Active Duty (DD Form 214). Enclosures (1) through (3) apply. 2. The Board, consisting of, reviewed Petitioner's allegations of error and injustice on 9 January 2019 and, pursuant to its regulations, determined that the partial 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 Petitioner’s naval records, 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 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 Marine Corps Reserve and began a period of active duty 24 October 1980. On 29 and 31 October 1980, he was seen at sick call for seasonal allergies and lower back pain due to a pre-service motor vehicle accident. On 4, 10, and 12 November 1980, he was seen at sick call for nose bleeds and self-reported blackouts at heights over 10 feet that he claimed occurred pre-service. He was referred to a neurology appointment on 12 November 1980; the medical record notes contain the doctor’s recommendation to drop the recruit for inability to perform. He was referred for a psychiatric evaluation on 13 November 1980; the medical record notes contain the doctor’s opinion that the Petitioner was trying to avoid training. During a 20 November 1980 psychiatric follow up appointment, the Petitioner reported he was “tired of taking orders” and he threatened to harm himself. The medical notes from a 24 November 1980 psychiatric follow up appointment read, in part: “phobic complaints are manipulative to avoid training” and “Defective Attitude/Unsuitable” along with a recommendation to administratively discharge the recruit. On 3 December 1980, the Petitioner told the treating physician he had no motivation or desire to be a Marine and he claimed he would commit suicide if he remained in training. d. On 4 December 1980, Petitioner was notified of administrative discharge processing by reason of unsuitability due to a defective attitude. He made a written statement indicating that he had been depressed since arrival at recruit training, the Marine Corps is not for him, and he does not like it. e. On 5 December 1980, the Petitioner appeared before an Aptitude Board and made a statement that he believes he failed recruit training because the yelling and pressure bothered him and he did not desire to return to the training program. The Board recommended a discharge by reason of unsuitability by reason of apathy, defective attitude, and an inability to expend effort constructively. f. On 10 December 1980, the discharge authority directed an honorable character of service, JMJ1 separation code, and unsuitability – defective attitude (w/o admin board) narrative reason for separation. On 12 December 1980, Petitioner was discharged. g. In the Petitioner’s application he asserted that during recruit training he never refused any direct order. Additionally, he wrote he had a medical issue (frequent nose bleeding that resulted in the loss of a large quantities of blood to the point of passing out or becoming light headed and that one time it resulted in a minor injury to his back). CONCLUSION: Upon review and consideration of all the evidence of record, the Board concluded that Petitioner's request warrants partial favorable action. The Board denied Petitioner’s request to have his separation code and corresponding narrative reason for separation changed to “released for conditions existing prior to service,” physical disability that existed prior to service and not aggravated by service,” or “physical condition which is not disabling” as his record clearly indicated that he was separated because of his lack of desire to complete recruit training. The Board noted although the Petitioner’s narrative reason for separation is not in error, allowing “Defective Attitude (w/o admins Board)” to remain is an injustice. In view of the above, the Board directs the following corrective action: RECOMMENDATION: That Petitioner be issued a new DD Form 214 indicating the narrative reason for separation as “unsuitability.”  That no further changes be made to Petitioner’s record. A copy of this report of proceedings be filed in Petitioner’s naval record. Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 19 September 2017. 4. It is certified that a quorum was present at the review and deliberations of the Board, and that the foregoing is a true and complete record of the Board 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. Executive Director