DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9410-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER, , USN 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 1 Jan 21 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), stating that she suffers from a mental health condition as a result of her military service. She is requesting that her other than honorable (OTH) discharge be upgraded to honorable. She also impliedly request that the narrative reason for her discharge, separation authority, and separation code be changed. Enclosures (1) and (2) applies. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 8 February 2021, 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 Petitioner’s naval record, and applicable statutes, regulations, and policies, to include 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 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. Petitioner enlisted in the Navy and began a period of active duty on 26 June 1989. c. On 4 October 1991, the Petitioner was briefed on the Navy’s policy regarding drug and alcohol abuse. d. On 5 February 1992, Petitioner was hospitalized on the Psychiatric Ward Naval Hospital, with an admission diagnosis of Suicidal Ideation. e. On 11 February 1992, medical personal diagnosed Petitioner with having a Personality Disorder, not otherwise specified (Borderline and Dependent Features) that did not exist prior to entry (DNEPTE), and Cocaine Abuse, by history that DNEPTE. f. On 20 February 1992, the Navy Drug Lab reported that Petitioner had tested positive for cocaine use. g. On 19 March 1992, Petitioner received nonjudicial punishment (NJP) for unauthorized absence, making a false official statement, and wrongful use of a controlled substance (cocaine). h. On 20 March 1992, Petitioner appealed her NJP, claiming the punishment was disproportionate in the area of forfeitures of pay, because it would increase the pressures that led her past suicidal gesture. i. On 25 March 1992, Petitioner was notified of administrative discharge action for misconduct due to drug abuse, and commission of a serious offense. After being afforded her procedural rights, she elected to have her case heard before an administrative discharge board (ADB). j. On 30 March 1992, Petitioner’s claim that her NJP punishment was disproportionate was found to be without merit, and therefore, her appeal was denied. k. On 11 May 1992, Petitioner was seen by a Medical Health Department per the request of her defense counsel. l. On 27 May 1992, Competency Board reported that at the time of Petitioner’s alleged criminal conduct, she did suffer a severe mental disease or defect. m. On 4 June 1992, the ADB found that Petitioner did commit misconduct due to drug abuse, and misconduct due to commission of a serious offense. The ADB recommended Petitioner be separated from the Navy with an other than honorable (OTH) characterization of service. n. On 12 June 1992, the commanding officer forwarded Petitioner’s case to the separation authority recommending that she receive an OTH discharge. o. On 8 July 1992, the separation authority concurred and directed that Petitioner be separated from the Navy with an OTH discharge for misconduct due to drug abuse. p. On 24 July 1992, Petitioner was discharged from the Navy with an OTH characterization of service. q. With her application, Petitioner states she paid into the Montgomery G.I. Bill and would like to use it to return to school, that while on active duty she was diagnosed as being bipolar, was drug dependent, and received psychiatric care and is on the appropriate medication. Further, that she has had a successful life, is a retired health educator, would like to apply for a Veterans Association loan to buy a house, is not the same person she was when in the Navy and would like to leave a positive legacy for her children and grandchildren. r. Enclosure (2), states that based on the available evidence, there is sufficient direct evidence Petitioner exhibited behaviors associated with a mental health condition during her military service and her misconduct should be mitigated by her mental health condition. s. 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, 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 BOARD CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that the Petitioner’s request warrants partial favorable action in the form of relief. The Board reviewed her 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 her 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 her characterization of service should be changed to “General (under honorable conditions),” and that the narrative reason for separation read “Secretarial Authority.” In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. BORAD RECOMMENDATION That Petitioner’s naval record shall be corrected to show that on 24 July 1992, she received a “General (under honorable conditions)” 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. Executive Director