Docket No: 9104-17 Ref: Signature date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER Ref: (a) 10 U.S.C. § 1552 (b) 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 (NR20170009104) 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting an upgrade to her characterization of service from general to honorable, a change to her narrative reason for separation from “Personality disorder” to “Secretarial Authority,” and a change to her reentry (RE) code from RE-4 to RE-1. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 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 Petitioner’s naval service records, and 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 is in the interest of justice to review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty service on she received nonjudicial punishment (NJP) for a making a false official statement to a chief petty officer and for consuming alcohol while under the legal drinking age. d. On the day following NJP, Petitioner was diagnosed at with adjustment disorder with depressed mood and personality disorder. On Petitioner was notified of administrative separation proceedings against her on the basis of a personality disorder with a least favorable characterization of service of general. e. On Commanding Officer, directed that Petitioner be separated and noted that she was diagnosed with a disorder that was virtually untreatable in a military facility. Petitioner was discharged from the Navy on the basis of personality disorder and received a general characterization of service and a reentry (RE) code of RE-4. f. Petitioner seeks an upgrade to her characterization of service from general to honorable, a change to her narrative reason for separation to Secretarial Authority, and a change to her RE code from RE-4 to an RE-1. She provides a brief through counsel in support of her application. She states that she was young, new to the Navy She also states that she suffered a stress fracture during her time in the Navy, for which she had been prescribed opiates, and after being transferred to her duty station in she was caught underage drinking. g. She states that she met with a career counselor who allegedly diagnosed her with a severe personality disorder. She contends that she had two visits with mental health professionals, an amount insufficient to diagnose personality disorder, never saw the paperwork indicating her diagnosis of personality disorder, foreign language mental health diagnosis is particularly challenged by communication and cultural nuances, the Navy over-diagnoses personality disorder, and the diagnosis could have been attributed to her prescribed opiates. She also provides character letters and a post-service mental health evaluation from a civilian provider in which she was found not to have a personality disorder. h. The Board carefully considered Petitioner’s request in light of reference (b), and took into account all potentially mitigating factors, including Petitioner’s contentions that she did not fully understand the English language and that she was improperly diagnosed with personality disorder. MAJORITY CONCLUSION: The majority of the Board (Majority) determined that even in consideration of Petitioner’s personal statement and taking into account her post-service medical diagnosis indicating she does not have a personality disorder, Petitioner’s record supports her separation on the basis of an in-service diagnosis of personality disorder. The Majority determined that the evidence supports the general characterization of service, the RE-4 reenlistment code, that Petitioner’s discharge was properly initiated on the basis of Petitioner’s diagnosed mental health condition, and that all were applied without material error or injustice. The Majority found that the diagnosis occurred properly and that there was not sufficient evidence in the record or submitted by the petitioner for her contentions to overcome the presumption of regularity applied to the past actions of the officials involved. The Majority found, however, that Petitioner’s narrative reason for separation should be changed to “Secretarial Authority,” as a master of justice, so as to remove any reference to personal medical or diagnostic information. In view of the above, the Majority recommends the following corrective action. MAJORITY RECOMMENDATION: That Petitioner’s requests for correction be granted in part, to reflect a narrative reason for separation of “Secretarial Authority.” That Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty, to show she was discharged with a narrative reason for separation of “Secretarial Authority.” That no further correction 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 MINORITY CONCLUSION: A Minority of the Board found that, in light of the evidence provided by Petitioner to support her request and in consideration of the information in Petitioner’s record, that no corrective action should be taken. The Minority determined that Petitioner’s discharge as reflected in her record is supported by the in-service medical diagnosis. In view of the above, the Minority recommends the following. MINORITY RECOMMENDATION: That Petitioner’s request be denied and no corrective action is 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 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. The foregoing action of the Board is submitted for your review and action. Executive Director