DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2148-19 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 Encl: (1) DD Form 149 (NR20190002148) 1. Pursuant to the reference, Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting a change to Block 28 (Narrative Reason for Separation) of her 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 12 May 2020, and, pursuant to its regulations, determined that 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 her naval service records, and applicable statutes, regulations, and policies, and the applicable Advisory Opinion (AO) of 17 March 2020. 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 waive the statute of limitations and review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty on 21 July 1992. On 29 March 1993, Petitioner was notified of an administrative action to separate her from the naval service on the basis of convenience of the government. Administrative remarks dated 7 April 1993, note that Petitioner was being discharged due to Personality Disorder. d. On 8 April 1993, Commanding Officer (CO), recommended separation due to convenience of the government and cited a medical report dated 9 March 1993. Petitioner’s CO noted that the personality disorder existed prior to Petitioner’s enlistment, and the personality disorder made Petitioner incapable of serving adequately in the naval service. e. Petitioner was discharged from the Navy on 7 April 1993, on the basis of “Other Physical/Mental Condition/Personality Disorder,” and received an honorable characterization of service and a reentry (RE) code of RE-3G. f. On 10 August 2009, Veterans Affairs (VA) rated Petitioner for generalized anxiety disorder, granting a 30% disability rating effective 10 December 2008. g. Petitioner provided post-service medical records which indicate a 2 March 2009 diagnosis for Generalized Anxiety Disorder and Panic Disorder. The records state that test data did not suggest a passive aggressive personality disorder. h. Petitioner’s request for a change to her narrative reason for separation was reviewed in consideration of whether discharge on the basis of a disability or condition qualifying for a medical discharge/medical retirement was appropriate. i. As part of the review process, Council of Review Boards considered whether Petitioner was unfit for continued naval service due to anxiety disorder vice personality disorder, and issued an Advisory Opinion on 17 March 2020. The Advisory Opinion concluded that there is a lack of objective evidence to support a disability retirement. The Advisory Opinion noted that Petitioner struggled at her first duty station, sought mental health treatment, and was diagnosed with passive aggressive personality disorder while in the Navy. The Board found that even in consideration of Petitioner’s post-service diagnosis and the disability rating by the VA, there is insufficient evidence to support that her performance was inadequate at the time of separation due to a ratable condition. The Advisory Opinion was provided to Petitioner, and she was given 30 days in which to submit a response. When Petitioner did not provide a response within the 30-day timeframe, her case was submitted to the Board for consideration. CONCLUSION: The Board considered Petitioner’s request for a change to her narrative reason for separation, and considered whether a disability retirement/separation was appropriate. The Board concurred with the recommendation of the Advisory Opinion and determined that there is insufficient evidence that she suffered from a qualifying medical condition or disability that impacted her fitness for duty and merited a disability retirement or separation. The Board relied on the in-service medical diagnosis of personality disorder, which was found to have pre-dated her enlistment, and took into consideration the reasoning articulated in the Advisory Opinion. With respect to the language reflected in Petitioner’s narrative reason for separation, the Board determine that the current narrative of “Other Physical/Mental Condition/Personality Disorder” unjustly discloses sensitive medical information. Although the basis for separation was executed without error, the Board found that Petitioner is entitled to a change to her narrative reason for separation to correct the injustice of disclosing an in-service medical diagnosis. The Board determined that Petitioner narrative reason for separation should be changed “Secretarial Authority.” RECOMMENDATION: In view of the above, the Board directs the following corrective action: That Petitioner’s naval record be corrected to show that on 7 April 1993, Petitioner was issued an honorable discharge by reason of “Secretarial Authority.” That Petitioner be issued a new DD Form 214. 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 4 February 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 Regulations, 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. 5/29/2020