DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 417-21 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER USMC Ref:(a) 10 U.S.C. § 1552 (b) SECDEF memo of 3 Sep 14, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PTSD” (c) PDUSD memo of 24 Feb 16, “Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction of Military/Naval Records by Veterans Claiming PTSD or TBI” (d) PDUSD memo of 25 Aug 17, “Clarifying Guidance to Military Discharge Review 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” (e) USD memo of 25 Jul 18, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” Encl:(1) DD Form 149 (2) BCNR, Advisory Opinion of 2 Jul 21 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting an upgrade to his discharge to reflect an honorable characterization of service. Enclosure (2) and references (a) through (e) apply. 2. The Board consisting of Ms. Mr. , and Mr. reviewed Petitioner’s allegations of error and injustice on 27 August 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 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. Petitioner was afforded an opportunity to submit a rebuttal and elected not to provide a response. 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 waive the statute of limitations and review the application on its merits. c. Petitioner enlisted in the Marine Corps and began a period of active duty on 9 June 2003. In January 2004, Petitioner was diagnosed with Adjustment Disorder with Depressed Mood, and was found unsuitable for military service due to a personality disorder. d. On 28 January 2004, Commanding Officer, Landing Support Company recommended Petitioner for expeditious administrative separation on the basis of personality disorder and noted that Petitioner was determined by a psychiatrist to be a danger to himself or others. On 10 February 2004, Petitioner was notified of administrative separation proceedings against him by reason of personality disorder. e. On 10 February 2004, Commanding Officer, recommended that Petitioner be separated with a general (under honorable conditions) characterization of service by reason of personality disorder. f. On 16 February 2004, the Staff Judge Advocate reviewed the administrative separation proceedings and found the proceedings sufficient in law and fact. g. Petitioner was discharged from the Marine Corps on 9 March 2004, on the basis of Personality Disorder, and received a general characterization of service and a reentry (RE) code of RE-3P. h. In his application to the Board, Petitioner requested an upgrade from general discharge to an honorable characterization of service. Petitioner stated that he served honorably and his mental health was an issue. He notes that he did not break any laws nor did he receive any nonjudicial punishments (NJPs) while in the Marine Corps. He states that he did not understand the future impacts of receiving a general discharge when he signed the separation documents. He asserts that the general discharge has been a hindrance in his life due to the denial of certain benefits such as the GI Bill. Petitioner states that he has grown in the past 17 years and only recently discovered that he does not have entitlement to certain benefits. i. As part of the review process, a Mental Health Advisor reviewed Petitioner’s contention that he suffered from a mental health condition and as such should receive a better characterization of service. The Advisory Opinion concluded that Petitioner was diagnosed with an Adjustment Disorder and Personality Disorder at the time of his military service and that he was appropriately discharged for unsuitability for naval service. Petitioner was provided a copy of the Advisory Opinion and was given the opportunity to submit a response. When Petitioner did not provide a response within the 30-day timeframe, his case was submitted to the Board for consideration. CONCLUSION The Board reviewed Petitioner’s request in accordance with references (b) through (e), and carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in his case in accordance with the Wilkie Memo. The Board noted that the Advisory Opinion acknowledged that Petitioner’s in-service records contained a psychiatric discharge summary from his stay at from 7 to 13 January 2004, where he was treated following a suicide attempt due to anxiety about reporting to the Fleet and due to personal problems. The Advisory Opinion determined that Petitioner was appropriately discharged for unsuitability for naval service. The Board agreed with the determination of the Advisory Opinion but found that in consideration of Petitioner’s average marks in enlistment (4.3/4.3), and taking into account that Petitioner did not commit misconduct nor did he receive any NJPs during his time with the Marine Corps, that Petitioner is entitled to an upgrade to an honorable characterization of service. The Board concluded that Petitioner is entitled to an upgrade to his characterization of service as a matter of clemency and that he is also entitled to a change to his discharge documents to remove the reference to “Personality Disorder” from his Certificate of Release or Discharge from Active Duty (DD Form 214). Additionally, to further remove reference to Petitioner’s personal medical information, the Board found that Petitioner is entitled to a change to his narrative reason for separation to reflect “Secretarial Authority,” a change to his SPD code, and a change to his separation authority. In view of the above, the Board directs the following corrective action. RECOMMENDATION: That Petitioner be issued a new DD form 214 indicating that on 9 March 2004, he was discharged with an honorable character of service, Secretarial Authority narrative reason for separation, MARCORSEPMAN par 6214 separation authority, and JFF1 separation code. That Petitioner be issued an honorable discharge certificate. That no further changes be made to Petitioner’s record. That a copy of this report of proceedings 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 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. 9/15/2021 Excutive Diector