Docket No: 6626-19 
Ref: Signature Date 
 
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) USD Memo, “Guidance to Military Discharge Review Boards and Boards 
                for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency 
                Determinations,” 25 July 2018 
     
Encl:  (1) DD Form 149 with attachments 
          (2) DD Form 214 
          (3) Enlisted Performance Record 
 
1.  Pursuant to reference (a), Petitioner, a former enlisted sailor, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting that his characterization of service be upgraded from general (under honorable conditions) to honorable.   
 
2.  The Board reviewed Petitioner's allegations of error and injustice on 28 August 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 Petitioner’s naval service records, and applicable statutes, regulations, and policies. 
  
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 service on 27 September 1994.  According to the separation authority and separation code on his DD Form 214 (Enclosure (2)), he was involuntarily discharged for a personality disorder with a general (under honorable conditions) characterization of service, effective 27 March 1996.  His record is incomplete, however, in that it does not contain the medical diagnosis or all the documents pertaining to his administrative discharge.   
 
   d.  At the time of his discharge, Petitioner’s Enlisted Performance Record reflected his overall evaluation average as 1.5 (Enclosure (3)).  At the time of his discharge, a 2.0 evaluation average was required to receive a fully honorable character of service.   
 
   e.  In Enclosure (1), Petitioner asserts that his characterization of service disqualifies him from receiving any type of Veteran’s benefits for the conditions that he has been declared disabled by the state of , which includes the personality disorder for which he was discharged.  He contends that he “served the allotted time on active duty to qualify for VA benefits and [he] was discharged due to [his personality disorder].”  He further contends that no one ever explained to him the type of discharge he was receiving, and it wasn’t until he applied for assistance through the Department of Veterans Affairs (VA) that he found out about the terms of his discharge.    
 
MAJORITY CONCLUSION:  
 
Upon review and consideration of all the evidence of record, the Majority of the Board found that Petitioner’s applicants request warrants full relief.   
 
The Majority reviewed Petitioner’s application in light of the guidance provided by reference (b).  Noting that Petitioner was separated due to a personality disorder that was beyond his control, the absence of any evidence of misconduct in Petitioner’s record, and that Petitioner’s characterization of service was likely the result of his low overall evaluation average that may have been adversely affected by his personality disorder, the Majority determined that equitable relief was appropriate in this case.  Accordingly, the Majority recommended that Petitioner’s characterization of service be upgraded to honorable.  Although not requested by Petitioner, the Majority also recommended that the narrative reason for separation, separation code, and separation authority reflected on Petitioner’s DD Form 214 be changed to “Secretarial Authority” to avoid any potential future negative implications.  
 
MAJORITY RECOMMENDATION: 
 
In view of the above, the Majority recommends the following corrective actions: 
 
That Petitioner be issued a new DD Form 214 indicating the characterization of his service as “honorable,” the narrative reason for his separation as “Secretarial Authority,” the separation code as “JFF,” and the separation authority as “MILPERSMAN 3630900.”   
 
That Petitioner be issued an honorable discharge certificate. 
 
That no further changes be made to Petitioner’s record. 
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
That upon request, the VA be informed that Petitioner’s application was received by the Board on 2 July 2019. 
 
MINORITY CONCLUSION:  
 
Upon review and consideration of all the evidence of record, the Minority concludes Petitioner’s request warrants partial relief.   
 
The Minority also reviewed Petitioner’s application in light of the guidance provided by reference (b), and weighed all of factors cited in the Majority conclusion above.  After careful consideration of these factors and Petitioner’s contentions, the Minority found insufficient evidence to warrant upgrading Petitioner’s characterization of service.  In particular, the Minority noted the Petitioner’s low final evaluation average to find no error or injustice in the Petitioner’s characterization of service, and insufficient mitigating evidence to warrant any equitable relief at this time. 
 
Although the Minority did not recommend upgrading Petitioner’s characterization of service, it agreed with the recommendation of the Majority that Petitioner’s narrative reason for separation, separation code, and separation authority should be changed to “Secretarial Authority” to avoid any potential future negative implications.    
 
MINORITY RECOMMENDATION: 
 
In view of the above, the minority recommends the following corrective action: 
 
That Petitioner be issued a new DD Form 214 indicating the narrative reason for his separation as “Secretarial Authority,” the separation code as “JFF,” and the separation authority as “MILPERSMAN 3630900.”   
 
That no further changes be made to Petitioner’s record. 
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
That upon request, the VA be informed that Petitioner’s application was received by the Board on 2 July 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.  The foregoing action of the Board is submitted for your review and action.  
 
 
12/3/2020