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 
           (b) SECDEF Memo, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge  Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder,” of 3 September 2014 (Hagel Memo)   
          (c) 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 
           (d) USD Memo, “Clarifying Guidance to Military Discharge Review Boards and 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 (Kurta Memo) 
           (e)  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 w/attachments 
        (2) Advisory Opinion (AO) of 14 Jan 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), stating that he suffers from a mental health condition as a result of his military service.  He is requesting that his General characterization of service be upgraded to honorable.  He also impliedly request that the narrative reason for his discharge, separation authority, and separation code be changed.  Enclosures (1) and (2) applies. 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 8 March 2021, and pursuant to its regulations, determined that the partial 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 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, which was previously provided to Petitioner.  Although Petitioner was afforded an opportunity to submit a rebuttal, Petitioner did not do so.   
  
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.  Petitioner enlisted in the Navy and began a period of active duty on 2 July 1999.    
 
     c.  On 27 April 2000, Petitioner was the subject of a psychiatric evaluation and diagnosed with a Personality Disorder. 
  
     d.  On 9 May 2000, Petitioner’s case was forwarded to the separation authority.  He had reported to the command chaplain, and presented a suicide note with plans and thoughts of killing himself and others at random.  Petitioner was recommended for expeditious separation by reason of convenience of the government-Personality Disorder.  At that time, it was directed that Petitioner receive a general (under honorable conditions) discharge.  Additionally, the commanding officer forwarded a Non-Referral for Mental Health Evaluation and Patient Rights Memorandum regarding Petitioner to the Commander, Bureau of Naval Personnel regarding his case and steps made prior to Petitioner’s discharge. 
 
     e.  On 8 May 2000, Petitioner was discharged from the Navy with a General characterization of service due to a Personality disorder, not amounting to disability, but interfering with performance. 
 
     f.  Characterization of service is based in part on conduct marks assigned on a periodic basis.  Petitioner’s conduct average was 3.0.  At the time of his service, a conduct average of 2.0 was required to be considered for an honorable characterization of service.    
  
     g.  With his application, Petitioner states that his narrative reason does not specify the reason for his separation, and that the doctor did not talk to him, but observed him as if he was some sort of specimen from afar, and did not talk to him to get a proper understanding of his disorder.  As a civilian, he still deals with the same issue that started in the military.  Further, that he had always avoided getting help from the military because in the past, he was turned away and told “we can’t help you.” Petitioner states that he loved being in the military, and all that he wants is to be fixed. 
  
     h.  Enclosure (2), states that based on the available objective evidence, the Petitioner was properly diagnosed with a Personality Disorder with the clinical documentation meeting the diagnostic requirements for the disorder. Additionally, the administrative separation for a disorder not amounting to a disability is proper given it is not an unfitting medical condition eligible for medical discharge. 
 
    i.  Petitioner’s request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014, the "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" memorandum of 25 August 2017  
 
BOARD CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial favorable action. The Board voted to change Petitioner’s  characterization of service to “Honorable” due to him attaining the required average in conduct. Additionally, although Petitioner was diagnosed with a Personality Disorder, the Board concludes that, his Certificate of Release of Discharge from Active Duty (DD Form 214) should be changed to read that the narrative reason for his discharge was “Secretarial Authority” to eliminate the possibilities of invasive questions.   
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. 
  
BOARD RECOMMENDATION  
 
That Petitioner’s naval record shall be corrected to show that on 8 May 2000, he received an “Honorable” characterization of service. 
  
That Petitioner’s naval be further corrected by changing the narrative reason for separation to read “Secretarial Authority.” 
 
That the separation authority read “MILPERSMAN 1910-164.”   
 
That the separation code read “JFF.”   
 
That the Petitioner be issued a new Certificate of Release or Discharge from Active Duty  
(DD Form 214).   
 
No further action be granted. 
 
A copy of this report of proceedings be filed in Petitioner’s naval record. 

4.  It is certified that 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 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.