Docket No. 2219-19
Ref: Signature Date

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 of 3 Sep 14 “Supplemental Guidance to Military Boardfor Correction 0f 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 of 6 Feb 20  

1.  Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting that his other than honorable (OTH) characterization of service, be changed to “General, under honorable conditions” or “Honorable.”  Additionally, he requests that his narrative reason for separation be changed to reflect either a medical retirement by reason of a permanent disability for mental health conditions, other, or minor disciplinary infractions.  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 partial 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 Petitioner’s naval records, applicable statutes, regulations, and policies, post-service diagnoses, and enclosure (2), an advisory opinion (AO) provided by a Navy mental health professional, which was previously provided to the Petitioner. 
 
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 31 January 1980.  
During the period from 8 May 1981 to 1 July 1981, he received three nonjudicial punishments (NJPs) for two instances of being absent from his appointed place of duty and resisting lawful apprehension by Shore Patrol.  On 28 July 1982, Petitioner was counseled and warned that further misconduct could result in administrative discharge action.  On 3 August 1982, he received NJP for assault and possession of marijuana.  On 10 March 1983, he received NJP for the use of disrespectful language, assault, communicating a threat, and being drunk on station.  On 4 May 1983, a Substance Abuse Report stated, in part, that Petitioner was improving in military performance and appearance and was counseled on what was expected of him, and that any future problems may result in discharge. On 9 August 1983, Petitioner was counseled concerning his disrespect toward petty officers, unauthorized absence (UA), using threatening language, and alcohol and drug abuse.  On 24 August 1983, he received NJP for a three-hour period of UA.  On 20 September 1983, Petitioner was notified of administrative discharge action due to a pattern of misconduct.  On 27 September 1983, his case was forwarded to the separation authority with the recommendation that he be discharged from the naval service with an OTH characterization of service.  On 13 October 1983, the separation authority directed that Petitioner receive an OTH discharge due to a pattern of misconduct.  On 21 October 1983, he was discharged from the Navy with an OTH characterization of service. 
  
     c.  Petitioner asserts that his untreated mental health conditions caused, and thereby mitigate, the minor misconduct underlying his discharge, and thus his OTH characterization of service is an injustice.  According to his legal brief, he has been diagnosed with multiple mental health conditions, including PTSD, depression, and substance use disorder.  His conditions resulted from his deeply traumatic childhood and existed during his military service.  He asserts that his minor disciplinary infractions are outweighed by his mental health conditions, and that his discharge should be upgraded in light of contemporary mental health policies.  Finally, he asserts that the Navy failed to perform a mental health examination, and with adequate psychiatric treatment, his performance in the Navy would have improved. 
 
     d.  As part of the review process, the BCNR Mental Health Professional, who is also a medical doctor (MD) and a Fellow of the American Psychiatric Association, reviewed Petitioner’s contentions and the available records and issued the AO at Enclosure (2).  The AO noted that Petitioner has post-service diagnoses of PTSD, Depression, Substance and Alcohol Use Disorders, and Mixed Personality Disorder with Paranoid and Schizoidal characteristics.  The AO concluded that, despite having a post-discharge diagnosis of PTSD, there is insufficient evidence that Petitioner’s in-service misconduct could be primarily attributed to his PTSD.  
  
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief.  Additionally, 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.   
 
In this regard, the Board noted Petitioner’s misconduct and does not condone his actions.  However, based on Petitioner’s overall record of service and given our current understanding of mental health conditions and his pre-service medical issues, Petitioner should be granted relief by changing his characterization of service to “General (under honorable conditions).”    
 
The Board carefully considered his argument that he suffered from a mental health condition that was aggravated by undiagnosed PTSD.  Unfortunately, the Board determined that the mitigating evidence was insufficient to change the narrative reason of Petitioner’s discharge to a disability separation.  Specifically, the fact that he was processed for separation due to misconduct meant that any other separation processing, including one for disability, was superseded.  Therefore, even if the Board had found that sufficient evidence exists to find him unfit for the disability conditions he claimed, he still would not have warranted consideration for processing under the disability evaluation system because of his misconduct separation.  Further, the Board was not persuaded to change the narrative reason for Petitioner’ discharge to “Other” or to “Separation by Reason of Minor Disciplinary Infractions,” given his misconduct. 
  
In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. 
  
RECOMMENDATION  
 
Petitioner’s naval record be corrected to show that on 21 October 1983, he received a “General (under honorable conditions)” discharge.   
 
Petitioner be issued a new DD Form 214 Certificate of Release or Discharge from Active Duty. 
 
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 2020. 
   
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. 
 
9/8/2020


Executive Director