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” (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 29 Oct 20 1. Pursuant to the provisions of reference (a), Petitioner filed enclosure (1) with this Board requesting his Other than Honorable (OTH) discharge be upgraded on his Certificate of Release or Discharge from Active Duty (DD Form 214). He also impliedly requested that separation authority, separation code and narrative reason for discharge be changed. Enclosures (1) and (2) apply. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 9 November 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 21 June 1993. On 9 November 1993, he received nonjudicial punishment (NJP) for using provoking words. Additionally, he was counseled and warned that further misconduct could result in administrative discharge action. On 24 June and 1 August 1994, he received NJP for three periods of unauthorized absence, dereliction of duty and desertion. c. Based on Petitioners DD Form 214, on 23 August 1994, he was discharged from the Navy due to a pattern of misconduct with an OTH characterization of service. His 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. d. In his application, Petitioner stated he was suffering from an undiagnosed mental illness at the time he was on active-duty. The diagnosis is schizoaffective disorder. He understands that the Navy may not have had processes in place to recognize this disorder much less diagnosis it during his period of service. He submitted his the diagnosis from his physician for further understanding and letters from his wife, father, and sister-in-law. e. Enclosure (2), states that although there is a dearth of information, the recommendation for a follow-up to psychiatry, after a psychiatric hospitalization, supports the assumption there was an indication of a mental health condition while he was in-service. Based on the available evidence, there is sufficient evidence Petitioner exhibited behaviors associated with a mental health condition during his military service and his misconduct may be mitigated by his mental health disorder. f. 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. 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.” Additionally, the separation authority, separation code and narrative reason for discharge should be changed. 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 23 August 1994, he received a “General” characterization of service. Petitioner’s naval record be further corrected to show that on 23 August 1994, the separation authority was “MILPERSMAN 1910-164.” Petitioner’s separation code be changed to read “JFF.” Petitioner’s narrative reason for discharge be changed to “Secretarial Authority.” 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 18 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 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.