DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: , Ref: (a) 10 U.S.C. § 1552 (b) USD Memo of 25 Aug 17 “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” Encl: (1) DD Form 149 with attachments 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure requesting a discharge upgrade following their separation for a personality disorder. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 31 October 2019, 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 his naval service, medical records, 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 regulations within the Department of the Navy. The Petitioner filed the enclosure in a timely manner. b. Regarding the Petitioner’s request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered the Petitioner’s case based on the evidence of record. c. The Petitioner enlisted in the Navy and began a period of active service on 30 May 2017. He completed recruit training on 29 July 2017 and reported for duty with the Public Works Department in Bahrain on 30 November 2017. d. Unfortunately, the administrative separation (Adsep) documents are not in Petitioner’s electronic service record. However, based on the information contained on the Certificate of Release or Discharge from Active Duty (DD Form 214) and Petitioner’s own statement, the Board was able to determined that his command initiated Adsep proceedings by reason of convenience of the government for a condition, not a disability on the basis of a diagnosed personality disorder of such a severity as to render Petitioner incapable of serving adequately in the naval service. Based on Petitioner’s number of years of service, he was not entitled to an Adsep board, and the lowest eligible discharge characterization he could have received was General (Under Honorable Conditions). Ultimately, on 11 May 2018, he was discharged from the Navy with an Honorable discharge and assigned an “RE-3G” reentry/reenlistment code. The Board specifically observed on his DD Form 214 that the narrative reason for separation was “Personality Disorder,” and his separation code was “JFX,” which corresponds to and describes an Adsep case involving a personality disorder. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief. Additionally, the Board reviewed his application under the guidance provided in reference (b). Specifically, the Board considered whether his application was the type that was intended to be covered by this policy. In this regard, the Board felt that there is an injustice to label one’s discharge as being for a diagnosed character and behavior disorder. Describing Petitioner’s service in this manner attaches a considerable negative and unnecessary stigma, and fundamental fairness and medical privacy concerns dictate a change. With that being determined, the Board concluded that no useful purpose is served by continuing to label the Petitioner’s discharge as being for a mental health related condition, and certain remedial administrative changes are warranted to the DD Form 214. However, the Board did not grant the primary specific relief as requested by Petitioner, namely to change and/or upgrade his reentry code to RE-1 so he could reenlist, and to expunge his personality disorder from his medical record. The Petitioner’s reentry/reenlistment code is “RE-3G.” The Board noted that this reentry code directly corresponds to a “condition (not physical disability) interfering with the performance of duty,” and is the appropriate designation in personality disorder cases absent any evidence to the contrary. The Board further noted that the RE-3G reentry code may not prohibit reenlistment, but requires that a waiver be obtained, that recruiting personnel are responsible for determining whether Petitioner meets the standards for reenlistment, and the same personnel determine whether or not a request for a waiver of the reentry code is feasible. Accordingly, the Board concluded Petitioner was assigned the correct reentry code based on his circumstances. Additionally, despite the fact that the Adsep records were not in the service record, the Board relied on a presumption of regularity to support the official actions of public officers. In the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumed he was properly processed for separation and discharged from the Navy. Notwithstanding the recommended corrective action below, the Board did not find a material error or injustice with the Petitioner’s personality disorder diagnosis and did not expunge it from his medical record. The Board carefully weighed all potentially mitigating factors, including Petitioner’s contentions that included, but were not limited to: that he was not found guilty of any crime, the RE-3G reentry code is unfair, his mental health diagnoses are wrong and were done solely to separate him, and he wants to serve again but his NCIS and medical records make it difficult. In accordance with the published guidance, the Board gave liberal and special consideration to his record of service, and any mental health issues he may have experienced and their possible adverse impact on his service. However, even under the liberal consideration standard, the Board concluded that there was no material error or injustice with his diagnoses of personality disorder or mental health diagnoses, Petitioner’s subsequent Adsep, and assigned reentry/reenlistment code were proper. Lastly, the Board determined that the Petitioner’s other requests for relief, namely: (a) to have his DNA expunged from the NCIS database, and (b) to be taken off of NCIS’s “be on the lookout” list, are matters outside the jurisdiction of the Board and cannot be granted. RECOMMENDATION: In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action to his DD Form 214. That Petitioner’s separation authority be changed to “MILPERSMAN 1910-164,” the separation code be changed to “JFF,” and the narrative reason for separation should be changed to “Secretarial Authority.” That Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty. 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 11 September 2018. 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.