Docket No: 3279-19 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD 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 September 2014 (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 February 2016 (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 August 2017 Encl: (1) DD Form 149 with attachments (2) Case summary (3) Advisory Opinion, Docket No: NR20190003279 of 13 May 2020 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted sailor, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting correction to his Certificate of Release or Discharge from Active Duty (DD Form 214) in the form of an upgraded characterization of service. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 18 June 2020, and, pursuant to its regulations, determined 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 naval service records, applicable statutes, regulations, and policies, as well as an Advisory Opinion (AO) provided by a qualified 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. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty on 26 January 1995. On 2 June 1995, the Mental Health Department at Naval Hospital evaluated him “on an emergency basis.” He was provisionally diagnosed with adjustment disorder and anxiety disorder which existed prior to entry and recommended for an expeditious entry level separation. Subsequently he was notified of pending administrative action by reason of convenience of the government due to personality disorder. After he waived his procedural rights, Petitioner’s commanding officer (CO), the discharge authority, directed Petitioner be separated with a general, under honorable conditions (GEN), characterization of service by reason of convenience of the government due to personality disorder. On 14 July 1995, he was discharged with a GEN characterization of service. d. Petitioner contends that he was discharged for a mental health issue he “didn’t understand except as a phobia that was brought on from environmental issues at the time which triggered panic attacks.” He further contends he reached out to his senior chief for help, but instead of helping, his senior chief threatened him. Petitioner then sought medical guidance, thinking it would help his panic attacks, but instead of helping, the medical visit resulted in discharged. e. As part of the Board’s review, a qualified mental health provider reviewed Petitioner’s assertions and available records and provided an AO dated 13 May 2020. The AO states the available evidence indicates Petitioner was administratively separated consistent with mental health conditions considered unsuitable for continued service. The mental health conditions are distinct from major psychiatric diagnoses incurred during military service in which the member could be found unfit for duty. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief. The Board reviewed the application under the guidance provided in references (b) through (d). Specifically, the Board considered whether the application was the type that was intended to be covered by this policy. Applying liberal consideration, the Board determined that, although it was not error or unjust to discharge Petitioner by reason of convenience of the government due to a personality disorder, it would be in the interest of justice, in light of the potential for future negative implications, to change his narrative reason, separation code, and separation authority to reflect “secretarial authority”. Additionally, noting Petitioner’s record does not contain any evidence of misconduct or poor performance nor any evidence to support the GEN characterization of service, the Board determined it was in the interest of justice to characterize Petitioner’s service as honorable. RECOMMENDATION: In view of the above, the Board directs the following corrective action: Petitioner be issued a new DD Form 214 indicating the characterization of service as “honorable,” narrative reason for separation as “secretarial authority,” separation code as “JFF,” and separation authority as “MILPERSMAN 1910-164.” 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 19 March 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 Regulation, 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.