Docket No. 2622-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER SA , 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 PTSD,” of 3 Sep 14 (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 Feb 16 (d) PDUSD Memo, “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,” of 25 Aug 17 Encl: (1) DD Form 149 with attachments (2) Advisory Opinion (AO) of 15 Apr 20 1. Pursuant to the provisions of reference (a), Petitioner filed enclosure (1) with this Board requesting that his other than honorable (OTH) discharge be upgraded. Enclosures (1) and (2) apply. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 28 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 enclosure (1), relevant portions of the Petitioner’s naval service and medical records, applicable statutes, regulations, and policies, the Petitioner’s post-service medical diagnoses, and an AO from a 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 Navy and began a period of active duty on 14 June 1993. On 14 September 1995, he received nonjudicial punishment (NJP) for unauthorized absence (UA) in violation of Article 86, Uniform Code of Military Justice (UCMJ), and missing movement in violation of Article 87, UCMJ. On 1 November 1995, he received NJP for disrespect toward a superior commissioned officer in violation of Article 89, UCMJ, and leaving his appointed place of duty in violation of Article 86, UCMJ. c. By memorandum dated 7 November 1995, Petitioner was notified that he was being considered for administrative separation from the naval service by reason of commission of a serious offense, as evidenced by the NJP administered on 1 November 1995. Petitioner subsequently waived his procedural rights on 8 November 1995, including his right to consult with counsel and to have his case considered by an administrative separation board. By memorandum dated 13 November 1995, Petitioner’s commanding officer recommended to the separation authority that Petitioner be discharged under OTH conditions. This recommendation was approved on 1 December 1995, and the Petitioner was subsequently discharged from the Navy on 11 December 1995 with an OTH characterization of service. d. Petitioner is requesting upgrade of his characterization so that he can receive medical assistance from the Department of Veterans Affairs (VA). In a VA Form 21-4138 (Statement in Support of Claim) included with his application to this Board, Petitioner asserts that he started feeling symptoms of anxiety, stress, depression, anger, sadness, and confusion all at once during his military service. These symptoms were noted in his assessment by the base doctor, but went untreated according to the Petitioner. Petitioner asserts that his commander’s refusal to allow him to return home to receive medical attention resulted in his first UA, while his adverse reaction to the punishment imposed resulted in his second UA. e. As part of the review process, the BCNR Physician Advisor, who is a medical doctor and Fellow of the American Psychiatric Association (MD), reviewed Petitioner’s contentions and available records. Among these records was the Petitioner’s enlistment physical examination, in which the Petitioner described his health prior to his service as “good” and denied any history of substance abuse or mental health conditions; an in-service clinical note from the Emergency Department at Branch Medical Clinic, , dated 3 October 1995, referencing Petitioner’s misconduct and describing depressive and anxiety symptoms; and several post-discharge clinical evaluations documenting diagnoses of Bipolar Disorder Type I, Schizoaffective Disorder, and Generalized Anxiety Disorder, with the earliest documenting a psychiatric hospitalization in July 1996 within seven months of his discharge. The majority of the submitted documentation described the onset of Petitioner’s mental health symptoms and conditions as occurring during his military service. Based upon this review, the MD issued an AO dated 15 April 2020 that was considered by the Board. The AO concluded that “there is sufficient evidence to support Petitioner’s claim [that] he suffered from a mental health condition while in military service, and that his misconduct can be attributed, in great part, to this mental health condition.” e. Petitioner’s request was fully and carefully considered by the Board in light of the guidance provided in references (b) through (d). CONCLUSION: Upon review and consideration of all the evidence of record, pursuant to the guidance in references (b) through (d), the Board concluded that the Petitioner’s application request warrants favorable action in the form of relief. The Board noted Petitioner’s misconduct and does not condone his actions. However, based upon Petitioner’s overall record of service and the AO’s conclusion that Petitioner suffered from a mental health condition that mitigated his misconduct, Petitioner’s characterization of service should be upgraded “General (under honorable condition).” RECOMMENDATION: In view of the foregoing, the Board directs the following corrective actions: That Petitioner be issued a new DD Form 214 reflecting that on 11 December 1995 he received a “General (under honorable conditions)” discharge. 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 5 Marcy 2019. 4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), 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.