Docket No: 8796-19
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy   
 
Subj:  REVIEW OF NAVAL RECORD OF FORMER,  , USN             XXX- XX- 
          
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) Advisory Opinion (AO) of 10 Dec 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 under honorable conditions characterization of service (general) be upgraded to honorable.  He also impliedly request that the narrative reason for his discharge, separation authority, and separation code be changed.  Enclosures (1) and (2) apply. 
 
2.  The Board, consisting of       reviewed Petitioner's allegations of error and injustice on 25 January 2021, and pursuant to its regulations, determined that the 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 Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 August 2017 guidance from the Secretary of Defense regarding requests by Veterans for modification of their discharge due to mental health conditions, sexual assault, or sexual harassment (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 considered 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 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 on 5 August 1974.    
 
     d.  During the period from 6 October 1975 to 11 May 1976, Petitioner received nonjudicial punishment (NJP) five times for unauthorized absences totaling 25 days. 
 
     e. On 4 June 1976, Petitioner was notified of administrative discharge action by reason of misconduct due to frequent involvement with military authorities.  Petitioner consulted with counsel and elected to have his case heard before an administrative discharge board (ADB). 
 
     f.  On 10 June 1976, Petitioner received NJP for being absent from his appointed place of duty. 
 
     g.  In July 1976, Petitioner signed a Memorandum of Agreement with his Commanding Officer to waive his ADB in order to accept a discharge under honorable conditions. 
 
     h.  12 July 1976, Petitioner’s case was forwarded to the separation authority with a recommendation for his discharge from the naval service by reason of misconduct.  
 
     i.  On 3 August 1976, the separation authority directed Petitioner’s discharge from the Navy with a general characterization of service. 
 
     j.  On 6 August 1976, Petitioner was discharged from the Navy with a general characterization of service. 
 
     k.  Petitioner states he experienced undiagnosed PTSD during his military service and that his discharge was due to behavior connected to his previously undiagnosed or undocumented PTSD or mental health condition.  He reported witnessing an explosion and fire on his ship in 1974, which resulted in his experience of fear, helplessness, and horror that something like that could happen again. 
 
      l.  Enclosure (2) is an AO which states in part, that there is sufficient indirect evidence Petitioner incurred PTSD as a result of his military service and this may have mitigated Petitioner’s misconduct. 
 
BOARD 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, the Board recommends relief in the form of changing his characterization of service to “Honorable,” and his narrative reason for separation to “Secretarial Authority.”    
  
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 
 
BORAD RECOMMENDATION  
 
That Petitioner’s naval record shall be corrected to show that on 6 August 1976, he received an “Honorable” characterization of service. 
  
That Petitioner’s naval be further corrected by changing the narrative reason for separation to read “Secretarial Authority,” 
 
That the separation authority read “MILPERSMAN 1910-164.”   
 
That the separation code read “JFF.”   
 
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.