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 19 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 other than honorable (OTH) discharge be upgraded. Enclosures (1) and (2) apply. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 1 March 2021, and pursuant to its regulations, determined that the 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 August 2017 guidance from the Secretary of Defense regarding requests by Veterans for modification of their discharge due to mental health conditions, sexual assault, or sexual harassment (Kurta Memo), the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and 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. 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 2 October 1995. c. On 13 February 2002, Petitioner received nonjudicial punishment (NJP) for wrongfully and falsely counterfeiting a certain instrument purporting to be an official pass by using another’s vehicle ID to attempt entry onto . d. On 26 February 2002, Petitioner was counseled regarding the 13 February 2002 NJP, and warned that further misconduct could result in administrative discharge action. e. On 3 February 2003, Petitioner received NJP for unauthorized absence (UA), disobeying a lawful order for three instances of not signing out in the liberty log, not having a liberty buddy, and taking overnight liberty. f. On 25 February 2003, Petitioner was counseled regarding the 3 February 2003 NJP, and was again warned that further misconduct could result in administrative discharge action. g. On 12 January 2004, Petitioner received NJP for UA, and dereliction of duty, and was counseled and warned that further misconduct could result in administrative discharge action. h. On 20 January 2004, a Navy Drug Lab message reported that Petitioner had tested positive for marijuana use. i. On 21 January 2004, Petitioner received NJP for wrongful use of marijuana. j. On 22 January 2004, Petitioner was notified of administrative discharge action due to a pattern of misconduct and drug abuse. k. On 3 February 2004, Petitioner referred himself as a drug and alcohol abuser after a urinalysis unit sweep conducted on 9 January 2004. l. On 12 February 2004, Petitioner’s case was forwarded to the separation authority recommending Petitioner’s separation with an OTH discharge. m. On 25 February 2004, the separation authority approved the recommendation and directed Petitioner’s separation by reason of misconduct due to drug abuse with an OTH characterization of service. n. On 26 February 2004, Petitioner was discharged from the Navy with an OTH characterization of service. o. Petitioner states it took him a long time to acknowledge that what he was experiencing, back then was PTSD, and a Veterans Affairs representative told him that PTSD is now being considered when deciding discharge upgrades. Additionally, he asserts that his wife has been instrumental in helping him recognize what he has been feeling all these years. He has graduated college with honors, and has acquired a very good job utilizing the skills learned in the Navy. His job requires random drug screening that he has always passed “with flying colors,” and he and his wife have 18-month old twin boys who really give a whole new meaning to his life. p. Enclosure (2) is the AO furnished to the Board which states that there is sufficient indirect evidence Petitioner exhibited behaviors associated with a mental health condition during his military service and some of his misconduct may be mitigated by his mental health condition. BOARD CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that the Petitioner’s request warrants favorable action in the form of relief. The Board reviewed his application under the guidance provided in references (b) through (e) intended to be covered by this policy. In this regard, based upon Petitioner’s overall record, in light of enclosures (2) and given our current understanding of mental health conditions, the Board determined that his characterization of service should be changed to “General (under honorable conditions). In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. BOARD RECOMMENDATION That Petitioner’s naval record shall be corrected to show that on 26 February 2004, he received a “General (under honorable conditions)” characterization of service. 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 theforegoing 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.