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 17 Aug 20  
  
1.  Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting that his “General (under honorable conditions)” characterization of service be upgraded to “Honorable” due to Post-Traumatic Stress Disorder (PTSD).  He also impliedly requested that the Separation Authority, Narrative Reason for Separation, and Separation Code be changed.  Enclosures (1) and (2) applies. 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 5 October 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 the naval records, and applicable statutes, regulations, policies, post-service medical diagnosis and enclosure (2), an advisory opinion (AO) provided by a qualified 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 6 November 1990.  On 2 April 1991, he was counseled regarding his dereliction of duty, respect and communication with petty officers, attitude, and unauthorized absence (UA).  On 17 April 1991 and 12 June 1991, Petitioner received nonjudicial punishment (NJP) for 18 hours of UA, and failing to go to his appointed place of duty. 
 
     c.  On 2 July 1991, Petitioner received a psychological evaluation after suicidal and homicidal ideations.  He was found intently tearing shreds of paper, not responding to verbal input.  He was diagnosed with an Adjustment Disorder with Mixed Emotions (depression and anger).   
 
     d.  Petitioner’s original service record was incomplete and did not contain any documentation pertaining to his separation from the Navy.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 
 
     e.  On 10 July 1991, Petitioner received a discharge from the Navy due to “Other Physical/Mental Conditions-Personality Disorder,” with a General characterization of service.     
 
     f.  Characterization of service is based in part on conduct marks assigned on a periodic basis.  Petitioner’s conduct average was 2.4.  At the time of his service, a conduct average of 3.0 was required or 2.8 in overall trait average, to be considered for an honorable characterization of service.    
  
     g.  In his application, Petitioner stated that he suffered a nervous breakdown as a result of harassment, and assault.  He claims that his commanding officer requested that he receive an honorable discharge, and believes that anything less is unfair.       
 
     h.  Petitioner’s request was fully and carefully considered by the Board in light of the Secretary of Defense’s Memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder” of 3 September 2014 and the "Clarifying Guidance 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. 
 
     i.  The AO provided to the Board states that Petitioner has presented several personal statements and claims to the Department of Veterans Affairs with subjective personal narratives contending he incurred PTSD from his military service.  However, he has not provided any post-discharge clinical records or objective evidence of being diagnosed with PTSD or additional mental health disorders.  The AO concluded there is insufficient objective evidence that Petitioner incurred PTSD as a result of his military service, or that Petitioner’s misconduct could be attributed to PTSD or other mental health conditions. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concluded that the Petitioner’s request warrants favorable action in the form of partial relief.  His Certificate of Release of Discharge from Active Duty (DD Form 214) should be changed to read that the narrative reason for his discharge was “Secretarial Authority” to eliminate the possibility of invasive questions.  The Board voted to leave the characterization of service as “General (under honorable conditions)” in part due to the Petitioner’s failure to attain the required average in conduct while in service. 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. 
 
RECOMMENDATION  
  
Petitioner’s naval record is corrected to show that on 10 July 1991, the separation authority was “MILPERSMAN 1910-164.”   
 
Petitioner’s naval record is corrected to show that on 10 July 1992, the reason for discharge was “Secretarial Authority.”   
 
Petitioner’s naval record is corrected to show that on 10 July 1992, the separation code was “JFF.”   
 
Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD 214).   
 
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 6 May 2019. 
   
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 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.