From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy   
 
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) 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 with attachments 
       (2) Case Summary   
 
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 removal of the “SPN Code 264” under reason and authority for separation listed on his Certificate of Release or Discharge from Active Duty (DD Form 214).      
 
2.  The Board, consisting of reviewed Petitioner's allegations of error and injustice on 31 March 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 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo).   
 
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 8 March 1965.  On 6 April 1965, Petitioner was psychologically evaluated and subsequently diagnosed with a sociopathic personality and recommended for administrative separation.        
     d. On 30 April 1965, an advisory board convened to consider Petitioner’s recommendation for administrative separation for reasons of unsuitability.  The advisory board subsequently recommended that Petitioner be administratively separated from the naval service by reason of unsuitability. 
 
     e. Petitioner’s commanding officer forwarded Petitioner’s administrative separation package to the separation authority (SA) recommending Petitioner’s administrative separation from the naval service by reason of unsuitability because of sociopathic personality.  The SA approved and directed administrative discharge with type warranted by service record by reason of unsuitability.  On 15 June 1965, Petitioner was so discharged with a general (under honorable conditions) characterization of service by reason of unsuitability.  Petitioner’s DD Form 214 also listed a Separation Program Number (SPN) code 264, which corresponded to “Unsuitability character and behavioral disorders.”  
 
     f. Petitioner contends that SPN codes were authorized to be removed by law, and he was advised that SPN codes were not to be included on the DD Form 214. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request merits relief, given the totality of his circumstances.  Additionally, the Board reviewed Petitioner’s application under the guidance provided in reference (b).  Specifically, the Board considered whether his application was the type that was intended to be covered by this policy. 
 
The Board determined that Petitioner’s DD Form 214 should be changed to remove any reference to a mental health diagnosis and reflect a less stigmatizing reason for separation.  The Board concluded that Petitioner’s request warrants relief in the form of changing the narrative reason for separation to “secretarial authority.”  
 
RECOMMENDATION: 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: 
 
That Petitioner be issued a new DD Form 214 indicating that on 15 June 1965, Petitioner’s narrative reason for separation was “secretarial authority.”   
 
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 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 
 
 
4/13/2021
Executive Director