From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER USN, XXX-XX- 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” (e) USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” of 25 July 2018 Encl: (1) DD Form 149 w/enls (2) Advisory opinion of 19 Oct 19 1. Pursuant to the provisions of reference (a), Petitioner filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting his Other than Honorable (OTH) discharge be upgraded to General on his Certificate of Release or Discharge from Active Duty (DD Form 214). Enclosures (1) and (2) apply. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 26 October 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 Petitioner’s naval records, applicable statutes, regulations, policies, 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 9 October 1996. On 19 September 1997, he received nonjudicial punishment for three periods of unauthorized absence, underage drinking, and operating a motor vehicle while drunk. Petitioner’s original service record was incomplete and did not contain all of 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. However, based on the available information, on 8 December 1997, the separation authority directed Petitioner’s separation from the Navy with an OTH characterization of service for misconduct due to commission of a serious offense. He was discharged from the Navy on 10 December 1997, with an OTH characterization of service. c. With his application, Petitioner stated he has been diagnosed with several mental health conditions, such as Major Depressive, Post-Traumatic Stress Disorder, Attention Deficit Hyperactivity Disorder, and Anxiety. Petitioner states that when he was discharged from the Navy, he had a difficult time with concentrating, focusing, and obsessive compulsiveness, and believes that these conditions led to his discharge. Petitioner added that he had trouble waking up while in the Navy, so his petty officer would wake him in the morning for muster. He self-referred himself to a drug and alcohol abuse program while in the Navy. He knew something was wrong, but just could not figure it out. d. 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. e. The AO provided to the Board states Petitioner’s use of alcohol was likely his maladaptive way of coping with the mental health symptoms he endorsed. The AO further states that the behaviors and mental health symptoms described are associated with depression. Petitioner’s documented evaluations while he was on active duty are sufficiently detailed as to lend credibility to his contentions. Based on the available evidence, it was opined that there is sufficient direct evidence Petitioner exhibited behaviors associated with depression during his military service, and his misconduct may be mitigated by his mental health disorder. 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 relief. The Board reviewed his application under the guidance provided in references (b) through (e) 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 Petitioner’s overall record, in light of enclosure (2), and given our current understanding of mental health conditions, relief in the form of his characterization of service should be changed to “General.” In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION Petitioner be issued a new DD Form 214, showing that on 10 December 1997, he received a “General” characterization of service. That 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 be informed that Petitioner's application was received by the Board on 20 June 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. 12/17/2020 Executive Director