DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 11515-19 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER,, USN, 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 31 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 Post-Traumatic Stress Disorder (PTSD) as a result of his military service. He is requesting that his General (under honorable conditions) characterization of service be changed to Honorable. He also impliedly request that the separation authority “MILPERSMAN 3620200” and separation code “JFX” be changed. Enclosures (1) and (2) applies. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 15 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, and enclosure (3), Petitioner’s undated rebuttal in response to the AO. 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 1 June 1989. c. On 27 August 1990, Petitioner was diagnosed by medical personnel with a Personality Disorder. d. On 30 August 1990, Petitioner was notified of administrative discharge action by reason of convenience of the government due to a personality disorder. e. On 10 September 1990, Petitioner’s case was forwarded to the separation authority recommending that he receive a general discharge by reason of convenience of the government due to a personality disorder. Stated, in part, that Petitioner had problems adjusting to the pressures found in a naval vessel. Petitioner was admitted to the psychiatric department because of depression and suicidal intentions. He was considered a high risk for violent behavior directed, either toward himself or others and that he was a danger to himself and others. f. On 25 September 1990, Petitioner was discharged from the Navy with a General (under honorable conditions) characterization of service. g. With his application, Petitioner asserts that he was discharged because of the PTSD he suffered following the horrible conditions he endured during six days of trying to escape from Typhoon Yancy. Petitioner stated that he was an Operation Specialist that spent most of his time in the Combat Information Center (CIC), and was traumatized thinking the ship was close to capsizing when he was standing watch on the bridge during six days of 168 mile an hour winds and 40-foot swells, which were overwhelming. Petitioner stated that he could not take it anymore, and went to the captain and broke down sobbing. h. Enclosure (2), states that based on the available evidence, 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. 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 concluded that the Petitioner’s request warrants partial favorable action. The Board reviewed his application under the guidance provided in references (b) through (e) intended to be covered by this policy. In this regard, although Petitioner was diagnosed and discharged from the Navy due to diagnosed Personality Disorder, the Board concludes that, his Certificate of Release or 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 25 September 1990, his narrative reason for separation was “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. 3/22/2021