Docket No: 7772-19 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 Encl: (1) DD Form 149 with attachments (2) Case summary (3) Certificate of Live Birth 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted sailor, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting the Board correct his Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect a change to his first and last name, his characterization of service, narrative reason for separation, separation code, and separation date. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 18 September 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 naval service records, and applicable statutes, regulations, and policies. 3. Regarding Petitioner’s request for a personal appearance, the Board determined a personal appearance with or without counsel would not materially add to their understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered the case based on the evidence of record. 4. 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 on 8 April 1991. On 26 February 1993, he received nonjudicial punishment for failure to go, at the time prescribed, to his appointed place of duty. On 3 March 1983, Petitioner was psychologically evaluated, provisionally diagnosed with borderline personality disorder, and recommended for administrative separation. On 8 March 1993, he was psychologically evaluated by a second doctor who confirmed the provisional diagnosis of borderline personality disorder and recommended administrative separation. Subsequently, Petitioner was notified of pending administrative separation proceedings with a general, under honorable conditions (GEN), characterization of service by reason of convenience of the government due to personality disorder. After he waived his procedural rights, the discharge authority directed Petitioner’s discharge by reason of convenience of the government due to personality disorder with a GEN characterization of service. On 31 March 1993, Petitioner was discharged by reason of personality disorder. His final performance average was 2.89. d. The name on Petitioner’s Enlistment/Reenlistment Document is “.” At the time of discharge on 31 March 1993, Petitioner was issued a DD Form 214 with the name “.” Enclosure (3) contains a stamped and handwritten notation from Probate Court indicating his last name was changed to “” on 16 December 1996. e. Petitioner contends his wife committed adultery with nine other service members while he was deployed. He further contends he sought but did not receive counseling to help him handle the strain which prevented him from properly and safely performing his duties as a nuclear machinist mate. Instead of receiving help, Petitioner contends his integrity was questioned and the Executive Officer, and those responsible for providing help, accused him of lying. If he had received the help he needed, Petitioner contends he would have recovered and been a productive asset to his boat, the Navy, and the government. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants partial relief. The Board noted Petitioner’s final performance average and concluded his service record warranted an honorable characterization of service. In light of the potential for future negative implications, the Board determined Petitioner’s narrative reason, separation code, and separation authority should be changed to “secretarial authority.” The Board further noted Petitioner’s first name on his certificate of live birth and enlistment contract and the name used throughout his service record was “” and concluded the DD Form 214 should be corrected to reflect his legal first name. However, the Board noted Petitioner’s last name was not changed by the court until after the date of discharge and determined that since a DD Form 214 is not a “living” document that is updated with subsequent changes and because his last name at the time of discharge from active service was “,” the Board did not find evidence of an error or injustice that warrants changing his last name to “.” Lastly, the Board considered Petitioner’s request to change his discharge date to 8 April 1993 so he would attain two years of active service and be eligible for benefits but determined there was insufficient evidence of an error or injustice warranting a change to his discharge date. RECOMMENDATION: In view of the above, the Board directs the following corrective action: Petitioner be issued a new DD Form 214 indicating his first name as “,” his characterization of service as “honorable,” the narrative reason for separation as “secretarial authority,” separation code as “JFF,” and separation authority as “MILPERSMAN 1910-164.” 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 6 August 2019. 5. 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. 6. 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.