Docket No: 9563-19 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 Encl: (1) DD Form 149 (2) 18 December 2020 Advisory Opinion 1. Pursuant to the provisions reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his other than honorable characterization of service be upgraded. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 4 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 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 the advisory opinion (AO) furnished by a qualified mental health provider, which was previously provided to Petitioner, at enclosure (2). 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 the Petitioner’s allegations of error and injustice, finds as follows: a. Before applying to this Board, the Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. Although the application was not filed in a timely manner, the statute of limitation was waived in accordance with the Kurta Memo. c. Petitioner entered active duty on 26 October 1988. The first ship to which Petitioner was assigned suffered an engine room casualty during which Petitioner engaged in firefighting and assisted in the rescue and recovery of several of his shipmates. Petitioner saw fellow sailors wounded and killed from the fire. After transferring to his second ship, that ship was engaged in rescue of civilians impacted by the volcano that erupted in the as well as the recovery of human remains. d. In September 1991, after the incidents described above occurred, Petitioner engaged in an approximately one month period of unauthorized absence and was convicted by a summary court-martial for that unauthorized absence on 20 November 1991. Then again in December 1991, Petitioner engaged in another period of unauthorized absence for approximately one month, and was convicted by a special court-martial on 20 February 1992. Petitioner was sentenced to confinement and forfeitures. He was notified of his rights with respect to administrative separation and waived his right to an administrative board. Petitioner’s commanding officer recommended that Petitioner be discharged with an other than honorable characterization of service. Petitioner was discharged on 26 August 1992 with an other than honorable characterization of service. e. Petitioner included with his submission a determination by the Department of Veterans Affairs, which, among other things, found service connection for post-traumatic stress disorder. f. The Board requested its own opinion from a licensed clinical psychologist who prepared an AO dated 18 December 2020. According to the psychologist, “based on the available evidence, it is my considered medical opinion that there is sufficient evidence Petitioner exhibited behaviors associated with PTSD 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 finds the existence of an injustice warranting relief. Specifically, the Board found that Petitioner’s conduct was mitigated by his PTSD as a result of his military service. RECOMMENDATION In view of the above, the Board directs the following corrective action: Petitioner be issued a new DD Form 214 indicating that his characterization of service was general (under honorable conditions), separation authority was MILPERSMAN 3630900, separation code was JFF, and narrative reason for his separation was secretarial plenary authority. That no further changes be made to Petitioner’s record. A copy of this report of proceedings shall be filed in Petitioner’s naval record. 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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.