DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 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) 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 that his naval record be corrected to reflect an upgraded characterization of service and change the narrative reason for separation. Implicit in this request is that changes also be made to Petitioner’s separation authority and separation program designator (SPD) indicated on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214). 2. The Board, consisting of Mr. , Mr. and Mr. reviewed Petitioner's allegations of error and injustice on 25 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 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 23 August 1994. Unfortunately, Petitioner’s official military personnel file (OMPF) is incomplete in that it does not contain all the documents pertaining to his administrative discharge. In this regard, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties. d. At the time of his discharge, Petitioner was issued a Certificate of Release or Discharge from Active Duty (DD Form 214) with a characterization of service of “general (under honorable conditions),” separation authority was “MILPERSMAN 3620200,” separation code was “JFX,” reenlistment code was “RE-3G,” and narrative reason for separation was Personality Disorder.” e. Petitioner contends that: 1) he has never been diagnosed with a type of disorder; 2) he was labeled unjustly regarding his character of service and narrative reason for separation, and that label has burdened him since his separation from the Navy; and 3) he has been in law enforcement for over 20 years with many accolades and awards during his long career. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief. 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,” separation authority to “MILPERSMAN 1910-164,” and SPD to “JFF.” Regarding Petitioner’s request to upgrade his characterization of service, based on Navy regulations, the Board determined that Petitioner’s characterization of service was properly annotated. In this regard, the Board concluded there was insufficient evidence of an error or injustice that warrants upgrading Petitioner’s characterization of service. RECOMMENDATION: In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: That Petitioner’s be issued a new DD Form 214 and discharge certificate indicating that on 17 February 1995, Petitioner’s narrative reason for separation was “Secretarial Authority,” the separation authority was “MILPERSMAN 1910-164,” and the SPD code assigned was “JFF.” 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. 09/15/2021 Executive Director