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 Encl: (1) DD Form 149 w/attachments 1. Pursuant to the reference, Petitioner, a former enlisted member of the Navy, filed the enclosure with the Board for Correction of Naval Records (Board), requesting an upgrade to his service characterization as reflected on his Report of Separation from Active Duty (DD Form 214) for his period of active-duty service from 31 May 1966 to 1 April 1968. 2. The Board, consisting of , , and , reviewed Petitioner’s allegations of error and injustice on 12 August 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 enclosure, 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 regulation within the Department of the Navy. b. Although the enclosure 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 31 May 1966. Petitioner received non-judicial punishment (NJP) on 15 March 1967 for failure to obey a lawful order, and violation of two specifications of article 134. On 14 April 1967, Petitioner received NJP for sleeping on watch. On 18 April 1967, Petitioner began a period of unauthorized absence, and on the same day, missed ships movement. On 21 April 1967, Petitioner returned from unauthorized absence. On 22 May 1967, Petitioner underwent a psychiatric evaluation. Petitioner was diagnosed with schizoid personality disorder. On 26 May 1967, Petitioner was convicted at a summary court martial for two specifications of UA. On 2 June 1967, Petitioner received NJP for willful disobedience, and violation of a lawful general regulation. On 2 November 1967, Petitioner received NJP for UA. On 16 November 1967, Petitioner was counseled regarding his misconduct, and notified further deficiencies may result in the initiation of administrative separation proceedings. On 18 November 1967, Petitioner received NJP for UA. On 27 November 1967, Petitioner received NJP for disrespect toward a superior petty officer, and two specifications of UA from his appointed place of duty. On 1 December 1967, Petitioner was notified of the initiation of administrative separation proceedings by reason of unfitness due to frequent involvement. On 16 December 1967, Petitioner was counseled regarding his misconduct, and notified further deficiencies may result in the initiation of administrative separation proceedings. On the same day, Petitioner elected to assert his right to consult with counsel, and his right to a hearing before an administrative discharge board (ADB). On 19 December 1967, an ADB convened and recommended Petitioner’s discharge from naval service with an other than honorable (OTH) characterization of service by reason of frequent involvement. On 26 December 1967, Petitioner’s commanding officer recommended his discharge with an other than honorable (OTH) characterization of service by reason of frequent involvement. On 10 January 1968, Petitioner received NJP for wrongfully appearing onboard a naval vessel with a gold earring, and disrespect toward a superior petty officer. On 13 January 1968, Petitioner was convicted at a SCM for UA, willful disobedience, and escaping from custody. On 18 January 1968, Petitioner received NJP for UA from his appointed place of duty. On 11 March 1968, the discharge authority approved and directed Petitioner’s discharge. On 1 April 1968, Petitioner was discharged with an OTH characterization of service by reason of unfitness. d. Petitioner contends his discharge was unjust, and other Sailors who committed the same infraction received a general characterization of service. Petitioner provided a letter from his former Commanding Officer agreeing with Petitioner’s contention and recommending that the Board grant the relief requested. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief. The Board noted Petitioner received an in-service diagnosis of a mental health condition. The Board, determined the mental health condition contributed to Petitioner’s misconduct which resulted in administrative separation processing and concluded it was an injustice for Petitioner to receive an OTH. The Board determined there was sufficient evidence to support a finding that Petitioner’s in-service mental health condition diagnosis mitigated his misconduct. In the interest of justice, the Board determined Petitioner’s characterization of service warranted upgrading to “general”. RECOMMENDATION: That Petitioner’s be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating his characterization of service as “general (under honorable conditions).” 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 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. 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.