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, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder,” of 3 September 2014 (Hagel Memo) (c) PDUSD Memo, “Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction of Military/Naval Records by Veterans Claiming PTSD or TBI,” of 24 February 2016 (d) USD Memo, “Clarifying Guidance to Military Discharge Review Boards and 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,” of 25 August 2017 (Kurta Memo) (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/attachments (2) Nonjudicial Punishment of 11 Feb 92 (3) Administrative Remarks (Page 11) entry of 20 May 92 (4) Administrative Remarks (Page 11) entry of 16 Nov 92 (5) Medical diagnoses for Alcohol Dependence of 15 Jan 93 (6) Administrative Remarks (Page 11) entry of 22 Feb 93 (7) Alcohol Dependence and Borderline Personality Disorder diagnoses of 25 Mar 93 (8) Administrative Remarks (Page 11) entry of 25 Mar 93 (9) Nonjudicial Punishment of 30 Mar 93 (10) Refusal of Level III treatment for alcohol dependence of 8 Apr 93 (11) Command separation recommendation ltr of 8 Apr 93 (12) Letter of notification of 23 Jun 93 (13) Letter to separation authority recommending a general discharge of 27 Jun 93 (14) Staff Judge Advocate review of 20 July 93 (15) Commanding General letter directing general discharge of 28 Jul 93 (16) Certificate of Release or Discharge from Active Duty (DD Form 214) (17) Record of Service Proficiency/Conduct (18) Advisory Opinion (AO) of 16 Nov 20 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his general discharged be upgraded to honorable. He also impliedly request that the narrative reason for his discharge “Alcohol Rehabilitation Failure” be changed. Enclosures (2) through (18) apply. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 21 December 2020, and pursuant to its regulations, determined that the partial corrective action indicated below should be taken. Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of his naval record, and applicable statutes, regulations, and policies, to include the 25 August 2017 guidance from the Office of the Under Secretary of Defense for Personnel and Readiness (Kurta Memo), the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). Additionally, the Board also considered Petitioner’s post-service medical diagnosis and the advisory opinion (AO) furnished by a qualified mental health provider, which was previously provided to Petitioner. Although Petitioner was afforded an opportunity to submit a rebuttal, Petitioner did not do so. 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 you did not file your application in a timely manner, the statute of limitation was waived in accordance with the Kurta Memo. c. Petitioner enlisted in the Marine Corps and began a period of active duty on 4 September 1990. d. On 11 February 1992, Petitioner received nonjudicial punishment (NJP) for communicating a threat to injure a Corporal. Additionally, he was counseled and issued a retention warning regarding his lack of maturity in dealing with peers and seniors, lack of initiative in taking care of his gear, personal appearance, and need to be closely supervised at tasks assigned to him. See enclosure (2). e. On 20 May 1992, Petitioner was counseled regarding his financial irresponsibility and mismanagement. See enclosure (3). f. On 16 November 1992, Petitioner was counseled and issued a retention warning regarding his finances and financial support of his dependents. See enclosure (4). g. On 15 January 1993, Petitioner was diagnosed by medical personnel as Alcohol Dependent. See enclosure (5). h. On 22 February 1993, Petitioner was counseled and issued a retention warning regarding poor work performance, failure to qualify with his weapon, poor personal appearance, and being absent from his appointed place of duty. See enclosure (6). i. On 25 March 1993, Petitioner was diagnosed with Alcohol Dependence and Borderline Personality Disorder. See enclosure (7) j. Additionally, on 25 March 1993, he was counseled and issued a retention warning regarding being diagnosed with a Personality Disorder. Petitioner acknowledged that he understood he was still responsible for his actions. See enclosure (8). k. On 30 March 1993, Petitioner received NJP for leaving his appointed place of duty with intent to abandon the same, sleeping on post, and being absent from his appointed place of duty. See enclosure (9). l. On 8 April 1993, Petitioner refused Level III treatment for alcohol dependence. See enclosure (10). m. On 8 April 1983, Petitioner’s case was forwarded to the separation authority recommending separation due to a Personality Disorder, which was so severe as to significantly impair his ability to function in a military environment, and his refusal of Level III treatment for alcohol dependency. See enclosure (11). n. On 23 June 1993, Petitioner was notified of administrative discharge action by reason of alcohol rehabilitation failure due to his refusal to participate in Level III alcohol treatment, and that the least favorable characterization of service he would receive would general (under honorable conditions). See enclosure (12). o. On 27 June 1993, Petitioner’s case was forwarded to the separation authority with the recommendation that he receive a general (under honorable conditions) discharge. See enclosure (13). p. On 20 July 1993, a staff judge advocate reviewed and found Petitioner’s case to be sufficient in law and fact. See enclosure (14). q. On 28 July 1993, the separation authority directed that Petitioner be discharged from the Marine Corps by reason of alcohol rehabilitation failure due to his refusal to participate in a Level III alcohol treatment program. See enclosure (15). r. On 10 August 1990, Petitioner was discharged from the Marine Corps with a general (under honorable conditions) characterization of service. See enclosure (16). s. Characterization of service is based in part on conduct marks assigned on a periodic basis. Petitioner’s conduct average was 3.9. At the time of his service, a conduct average of 4.0 was required to be considered for an honorable characterization of service. See enclosure (17). t. With his application, Petitioner stated he was supposed to be given a medical discharge due to his diagnosis of a Personality Disorder. However, he was forced to sign documents for a general discharge. He feels the reason he was getting into trouble was his undiagnosed Personality Disorder. Additionally, he had just returned from deployment and was having issues with PTSD. u. Enclosure (18) states that based on the available evidence, there is sufficient direct evidence Petitioner exhibited behaviors associated with PTSD or other mental health conditions 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 concludes that Petitioner’s request warrants partial favorable action. Although he was diagnosed with a personality disorder, the board concludes that his Certificate of Release of Discharge from Active Duty (DD Form 214) should be changed to read that the narrative reason for his discharge was “Secretarial Authority” to eliminate the possibilities of invasive questions. The Board voted to leave the characterization of service as “General,” in part, due to Petitioner’s conduct marks while in service. In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION That Petitioner’s naval record be corrected by changing the narrative reason for separation to read “Secretarial Authority.” That the separation authority read “MARCORSEPMAN par 6214.” That the separation code read “JFF1.” That the Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). No further action be granted. A copy of this report of proceedings be filed in Petitioner’s naval record. 4. It is certified that 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.