DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2201-19 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 of 3 Sep 14 “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PTSD” (c) PDUSD Memo of 24 Feb 16 “Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction of Military/Naval Records by Veterans Claiming PTSD or TBI” (d) PDUSD Memo of 25 Aug 17 “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” Encl: (1) DD Form 149 (2) Advisory Opinion (AO) of 4 Mar 20 1. Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting that his “Type of Separation: (Medical)” listed on his discharge letter from the Inspector-Instructor, Naval and Marine Corps Reserve Training Center dated 4 April 1993, be removed. Enclosures (1) and (2) apply. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 13 July 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 his naval records, applicable statutes, regulations, and policies, and enclosure (2), an advisory opinion (AO) provided by a Navy mental health professional. 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 Marine Corps Reserve and began a period of active duty for training on 12 January 1988. At the conclusion of his training, on 12 July 1988, he was transferred back to his reserve unit. On 4 February 1990, Petitioner was counseled concerning his inability to report to his reserve station at the scheduled times. On 15 May 1992, a Request for Determination of Physical Fitness for Retention in the Marine Corps Reserve was forwarded to the Commandant of the Marine Corps. At that time, it was reported that Petitioner was hospitalized for depression. He was experiencing serious personal problems that he could not deal with accordingly, and was believed to have been suicidal at the time he was admitted to the hospital. c. On 19 February 1993, the Chief, Bureau of Medicine and Surgery (BUMED), forward a Physical Qualification for Retention letter to the Commanding General, Marine Reserve Force, reporting that Petitioner was not physically qualified for retention. d. On 5 March 1993, the separation authority directed that Petitioner be administratively separated from the Marine Corps Reserve. On 11 March 1993, he was notified of administrative discharge action by reason of being not physically qualified for retention. e. On 4 April 1993, Petitioner signed a “Statement of understanding and Intent” letter that he was being processed for discharge from the USMCR for being found not physically qualified for retention. Petitioner was honorably discharged from the USMCR due to a Physical Disqualification. At that time, the type of separation was listed as “Medical.” f. Petitioner asserts, “My discharge was a result of my mental status that included a suicide attempt. The condition started during my service shortly after the first Gulf War. PTSD played a part in this and until then my record was perfect.” Petitioner added that he has made a complete recovery, and no longer has any mental issues or thoughts, and no longer takes medication for this disease. He has always felt shameful for his medical discharge, while at the same time, it was out of his control. g. Based on the available evidence, the AO concluded the narrative that Petitioner was discharged for a medical condition is correct as he was discharged for Major Depression requiring psychotropic medications after competent medical authority at BUMED determined he was no longer physically qualified for retention in the Marine Corps Reserve and did not recommend retention through a medical waiver. Enclosure (2). CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that the Petitioner’s request warrants relief. The Board reviewed his application under the guidance provided in references (b) through (d). Specifically, the Board considered whether his application was the type that was intended to be covered by these policies. Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants favorable action. The Board determined that Petitioner was correctly discharged for the medical condition of Major Depression, because he was no longer physically qualified for retention in the Marine Corps Reserve. However, to eliminate the possibility of invasive questions, the Board decided to amend the 4 April 1993 Inspector-Instructor letter addressed to the Commandant of the Marine Corps by changing Petitioner’s “Type of Separation” to “Secretarial Authority.” The Board also voted to change the “Separation Authority” to “MARCORSEPMAN par 6214,” and the Separation Code to “JFF1.” In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION That Petitioner’s naval record be corrected to show that on 4 April 1993, the “Type of Separation” he received from the Marine Corps Reserve was “Secretarial Authority.” That the separation authority was “MARCORSEPMAN par 6214.” That the separation code was “JFF1.” That Petitioner be issued a new discharge letter from the Marine Corps Reserve. No further action be granted. A copy of this report of proceedings be filed in Petitioner’s naval record. Upon request, the Department of Veterans Affairs is informed that Petitioner’s application was received by the Board on 13 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.