From:   Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj:    REVIEW OF NAVAL RECORD ICO FORMER MBR  , XXX XX  /  USMC 
 
Ref:     (a) Title 10 U.S.C. 1552 
 
Encl:   (1) DD Form 149  
 
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 naval record be corrected to establish Petitioner’s eligibility for an Honorable characterization of service.   
                                              
2.  The Board, consisting of  ,  , and  , reviewed Petitioner's allegations of error and injustice on 21 January 2021, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of the naval records, 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.  Petitioner entered active duty with the Marine Corps in September 2000.  On 24 April 2001, he was counselled for unauthorized absence, poor attitude, immaturity, and lack of respect.  Non-judicial punishment was subsequently imposed on him on 1 October 2001 for driving under the influence of alcohol and consumption of alcohol while under age.  The following year, Petitioner was hospitalized for suicidal ideations in June 2002 and later diagnosed with an Adjustment Disorder and Borderline Personality Disorder.  As a result of his symptoms and diagnosis, Petitioner was recommended for administrative separation for personality disorder and discharged on 22 August 2002 with a General characterization of service.  Petitioner’s end of enlistment conduct mark was 3.8.  As of 22 September 2020, the Department of Veterans Affairs has assigned a combined disability rating of 80% for service connected disability conditions.   
 
     c.  Petitioner requested an upgrade to his characterization of service based on an injustice argument.  He asserts that he entered the Marine Corps with a number of preexisting mental health conditions including a severe personality disorder and did not receive proper guidance or treatment from his chain of command.  Instead, Petitioner alleges mistreatment that exacerbated his mental health conditions. 
                                    
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief.  Specifically, the Board determined that the interests of justice supports changing Petitioner’s narrative reason for separation to Secretarial Authority to eliminate any stigma associated with Personality Disorder being listed on his DD Form 214.   
 
Despite this finding, the Board concluded Petitioner’s characterization of service remains appropriate.  The fact Petitioner earned a 3.8 conduct marks supports his General characterization of service since Marine Corps Order 1900.16 requires a 4.0 conduct mark to qualify for an Honorable characterization of service.  The Board considered Petitioner’s allegations of mistreatment but found no evidence to support his assertion.  Conversely, his performance record indicated Petitioner was an average performer who occasionally failed to meet minimum conduct requirements as evidenced by his underage drinking and driving under the influence misconduct.  In the Board’s opinion, this evidence of misconduct was sufficient to support an assignment a 3.8 conduct mark.  As a result, the Board concluded Petitioner’s service should remain characterized as General since his service was generally honest and faithful but significant negative aspects of his conduct outweighed positive aspects of his military record.  Accordingly, the Board determined no additional relief was merited. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by changing Petitioner’s narrative reason for separation to “Secretarial Authority” and his SPD code to “JFF.”  Petitioner will be issued a new DD Form 214 consistent with this change.    
 
And no other changes. 
 
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.