DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1165-19 Ref: Signature Date 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) MILPERSMAN 1910-304 Encl: (1) DD Form 149 with attachments 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted sailor, filed the enclosure with the Board for Correction of Naval Records (Board) requesting the Board consider the type of discharge, reenlistment code, and correct his Certificate of Release or Discharge from Active Duty (DD Form 214). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 31 October 2019, and, pursuant to its regulations, determined 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 naval service 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. b. Although the enclosure 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 Navy and began a period of active duty on 13 February 2001. His record does not contain derogatory information such as counseling entries, administrative remarks, nonjudicial punishment, or negative performance evaluations. His record is incomplete in that it does not contain all of the documents pertaining to his administrative discharge. Based on his DD Form 214, it appears that after Petitioner was afforded all of his procedural rights, the separation authority directed that he be separated with a general, under honorable conditions (GEN) characterization of service by reason of convenience of the government due to personality disorder. Petitioner was discharged with a GEN characterization of service on 3 June 2002 and assigned a RE-4 (not recommended for reenlistment) reentry code. d. Petitioner contends he “does not have, nor have I ever had, nor have I been formally diagnosed with a personality disorder of any kind”. Petitioner further contends he was not provided the proper care and was not found incapable of service nor of accomplishing duties involving service. Additionally, he contends he was not found incapacitated and was never awarded disciplinary action involving any infraction “especially one pertaining to or leading to discharge”. Further, he contends he was not provided legal counsel, even after having requested such counsel. Petitioner also contends he was “not provided options for any form of remediation regarding the command’s individual decision”. Further, he was not informed the decision was “not provided to the base Admiral” and was not provided an opportunity to “contest my situation prior to the decision being rendered”. e. Per reference (b), a GEN characterization of service is warranted when “the member’s service has been honest and faithful; however, significant negative aspects of the member’s conduct or performance of duty outweighed positive aspects of the member’s service record. In the absence of a specific finding from an administrative board, a characterization of service as general may be awarded based on a review of a sailor’s overall service record”. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants favorable action in the form of partial relief. The Board, noting the incomplete administrative separation record, determines that, although it was not error or unjust to discharge Petitioner by reason of convenience of the government due to a personality disorder, it would be in the interest of justice, in light of the potential for future negative implications, to change his narrative reason to “secretarial authority”. Additionally, applying liberal consideration and noting the lack of derogatory information in Petitioner’s record and the criteria in reference (b), the Board concluded it was unjust for Petitioner to have been assigned a GEN characterization of service. Noting Petitioner did not provide supporting documentation regarding his current psychological profile (although listed on his DD Form 149) and presuming regularity in the command’s determination Petitioner should not be allowed to reenlist, the Board determined there was insufficient evidence of material error or injustice to warrant changing Petitioner’s reenlistment code. RECOMMENDATION: In view of the above, the Board directs the following corrective action: Petitioner be issued a new DD Form 214 indicating the characterization of service as “honorable”, narrative reason for separation as “secretarial authority,” separation code as “JFF,” and separation authority as “MILPERSMAN 1910-164”. 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 8 January 2019. 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. 12/9/2019