Docket No: 11133-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER , XXX XX, USMC 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 PTSD,” of 3 September 2014 (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) PDUSD memo, “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,” of 25 August 2017 (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 with attachments (2) Case summary 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), requesting that his general (under honorable conditions) character of service be upgraded to an honorable character of service. 2. The Board consisting of reviewed Petitioner’s allegations of error and injustice on 10 March 2021 and, pursuant to its regulations, determined 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. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits. c. Petitioner enlisted in the Marine Corps and began a period of active duty on 4 December 1990. On 9 January 1991, Petitioner received non-judicial punishment (NJP) for an unauthorized absence and two specifications of disrespect towards a commissioned officer. On 14 February 1991, Petitioner was evaluated and diagnosed with a personality disorder. Petitioner was determined to be fit for full duty and responsible for his actions, however, unsuitable for continued service. Petitioner was recommended for expeditious administrative separation due to an ongoing risk to do harm to himself and others. d. Subsequently, Petitioner was notified that he was being processed for administrative separation by reason of convenience of the government due to personality disorder. Petitioner’s commanding officer (CO) forwarded Petitioner’s package to the separation authority (SA) recommending administrative separation from the naval service with a general (under honorable conditions) characterization of service. The SA approved the CO’s recommendation, and directed Petitioner’s administrative separation from the naval service with a general (under honorable conditions) characterization of service by reason of personality disorder. On 15 May 1991, Petitioner was so separated. e. Petitioner contends that he was “diagnosed with PTSD/Personality Disorder which was aggravated by his service.” f. As part of the Board’s review, a qualified mental health provider reviewed Petitioner’s contentions and available records and provided an AO dated 27 January 2021. The AO concluded by opining that the preponderance of available objective evidence fails to establish Petitioner was diagnosed with PTSD or suffered from PTSD at the time of his military service, or his in-service misconduct could be attributed to PTSD or other mental health conditions. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief. The Board reviewed Petitioner’s application under the guidance provided in references (b) through (e). The Board, applying liberal consideration and the factors outlined in reference (e), the Wilkie Memo, concluded that although it found insufficient evidence of an error or injustice, Petitioner’s request warranted clemency in the form of an upgrade to his characterization of service to honorable. Additionally, in the interest of justice and in light of the potential for future negative implications, the Board determined that Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214) should be changed to remove any reference to a mental health diagnosis and reflect a less stigmatizing reason for separation. In this regard, the Board concluded that Petitioner’s narrative reason for separation should be changed to “secretarial authority” and reentry code should be changed to “RE-3P.” RECOMMENDATION: In view of the above, the Board directs the following corrective action: That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating that on 15 May 1991, Petitioner was discharged with a character of service as “honorable,” narrative reason for separation as “secretarial authority,” and reenlistment code as “RE-3P.” No further action be granted. That a copy of this report of proceedings be filed in Petitioner’s naval record. 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 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.