Docket No: 270-19 Ref: Signature Date From:Chairman, Board for Correction of Naval Records To: Secretary of the Navy 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 MilitaryDischarge 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 16 Aug 19 1. Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting that his General characterization of service be upgraded to Honorable. Enclosures (1) and (2). 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 5 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 the naval records, and applicable statutes, regulations, policies, post-service medical diagnosis and enclosure (2), an advisory opinion (AO) provided by a Navy mental health professional (MHP). 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 5 October 1972. On 7 May 1973, it appears that he was the subject of two nonjudicial punishments, one for assault by striking another Sailor in the face with a closed fist and the other for failure to obey an order by wearing his work uniform on liberty. On 6 August 1973, medical staff diagnosed him with an immature personality and depression. On 30 August 1973, Petitioner was notified of administrative discharge action due to unsuitability. He acknowledge notification for his diagnosis of “habitual excessive use of alcohol,” not aggravated by service, causing difficulty in his judgement to the demands of the military service. Petitioner’s case was forwarded to the separation authority recommending that Petitioner be separated from the Navy by reason of unsuitability. It was stated, that despite repeated sessions of counseling and guidance granted him at every level of the chain of command, he had not been able to adapt to the naval environment. It was recommended that his character of service should be the type warranted by his service record. On 7 September 1973, Petitioner was discharged from the Navy with a general characterization of service. c. Petitioner contends that he should receive an upgrade of his characterization of service because the Department of Veterans Affairs has rated him 100% for his service-connected disability. He submitted a December 2016 letter from his physician listing a diagnosis of bipolar II disorder. The physician opined that this condition began during military service. d. As part of the review process, a MHP reviewed Petitioner’s contentions and the available records and issued a favorable AO dated 16 August 2019. The MHP observed that Petitioner has a diagnosis for major depressive disorder that can be attributed to his military service. She opined that there is some evidence that his in-service misconduct can be attributed to his service-connected mental health conditions. e. Petitioner’s request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to MilitaryBoards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014 and the "ClarifyingGuidance to Military Discharge Review Board 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" memorandum of 25 August 2017. CONCLUSION Upon review and consideration of all the evidence of record, Petitioner’s request warrants relief. Additionally, the Board reviewed his application under the guidance provided in references (b) through (d) intended to be covered by this policy. In this regard, the Board noted Petitioner’s misconduct, and does not condone his actions. However, based upon his overall record of service, to include his in-service immature personality disorder diagnosis and Vietnam service, and given our current understanding of mental health conditions, it is reasonable that his misconduct could be attributed to mental health symptoms. He should be granted relief and his characterization of service should be changed to “Honorable.” RECOMMENDATION In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. Petitioner’s naval record be corrected to show that on 7 September 1973, he received an honorable discharge. Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214), showing the above correction. 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 4 December 2018. 4. It is certified that 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.