Title: DEPARTMENT OF THE NAVY
Author: CAP
Last saved by: janet.goode
Company: NCPB

Docket No. ND07-00435

DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT
FOR

ex-MM3, USN
ND07-00435

Current Discharge and Applicant’s Request

Application Received:  20070222 	Characterization Received:  GENERAL (UNDER HONORABLE CONDITIONS)
Narrative Reason:  PERSONALITY DISORDER 		Authority:  MILPERSMAN 1910-122

Applicant’s Request:	Characterization change to:  HONORABLE
			Narrative Reason change: NONE REQUESTED

Applicant’s Issues:	1.  Asked to be discharged due to denial of request to be transferred and continued hazing by 				shipmates.

Decision

By a vote of 5-0 the Characterization shall remain GENERAL (UNDER HONORABLE CONDITIONS).
By a vote of 5-0 the Narrative Reason shall remain PERSONALITY DISORDER.

Date:  20071025  			DOCUMENTARY REVIEW		Location:  Washington D.C.

Discussion

Issue 1 (Equity):  In the Applicant’s letter to the Board he contends that he requested to be discharged to escape hazing by his shipmates.  The government enjoys a presumption of regularity in the conduct of its affairs.  The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his claim.  There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that he was hazed.  To the contrary the record contains the Applicant’s reenlistment onboard the very vessel which he later claims to be unbearable.  In the Applicant’s case the separation process was in strict compliance with the Naval Military Personnel Manual.  The Applicant was diagnosed by competent medical authority with a long standing personality disorder of such severity to render the Applicant unsuitable for continued naval service, furthermore he determined the Applicant to be a risk to harm self or others thereby allowing for expeditious processing.  In this case the characterization of service assigned is based upon the servicemember’s record of performance and conduct.  The record documents his misconduct which resulted in two nonjudicial punishments furthermore, the record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions.  After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and service record entries, and evidence submitted by the Applicant the Board found the discharge was proper and equitable.

Administrative Corrections to the Applicant’s DD 214

The NDRB did note an administrative error on the original DD Form 214:

	Block 18, Remarks, should contain the statement: “CONTINUOUS HONORABLE ACTIVE SERVICE FROM 001212 UNTIL 030417”
	
The NDRB will recommend to the Commander, Navy Personnel Command, that the DD 214 be corrected as appropriate. 

Summary of Service

Prior Service:
Inactive: USNR (DEP)	20000720 - 20001211  COG	Active:   USN	20001212 - 20030417  HON
Period of Service Under Review:
Date of Enlistment: 20030418	Years Contracted:  UNK		Date of Discharge:  20050715
Length of Service:  02 Yrs 02 Mths 18 Dys				Lost Time:  NONE
Education Level:  12	Age at Enlistment:  21	AFQT:  84	Highest Rank/Rate:  MM2
Evaluation marks (# of occasions):	Performance:  3.0		Behavior:  2.0	 OTA:  2.33 (1)
Awards and Decorations (per DD 214):  NAVY EXPEDITIONARY MEDAL, EXPERT RIFLEMAN MEDAL, EXPERT PISTOL SHOT MEDAL, NATIONAL DEFENSE SERVICE MEDAL, GLOBAL WAR ON TERRORISM SERVICE MEDAL, ENLISTED SUBMARINE BREAST INSIGNIA, GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, KOREAN DEFENSE SERVICE MEDAL, SEA SERVICE DEPLOYMENT RIBBON

Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

20030418:	Applicant reenlisted aboard USS COLUMBUS (SSN 762).

20030818:	Commanding Officer’s NJP for violations of UCMJ Article 92 (failure to obey).  
	Awarded:  Forfeiture of pay ($200) and reduction in rank (suspended for 6 months).

20040116:	Commanding Officer’s NJP for violations of UCMJ Article 92 (dereliction of duty).
	Awarded:  Reduction in rank (MM3).

20050615:	Evaluation for period of 20040616 through 20050615, ranked 26 of 26 (significant problems).  Comments of reporting senior (executive officer):  “MM3 B_ has been a problematic member of Machinery Division whose attitude towards the command and his shipmates has limited his ability to succeed....he has been counseled numerous times for his uniform appearance and for making violent verbal threats to his shipmates....he is delinquent in his nuclear watch station qualifications and he has demonstrated no initiative to recover his qualification progress.....Failed the fall 2004 and spring 2005 PFA due to excessive body fat percentage.”

20050628:	Medical Record:  Referred by NAVHOSP ER Department after patient's disclosure of suicidal ideation when informed by command that his transfer has been denied.  At least third psychological evaluation ... frequent suicidal ideation that was present prior to his enlistment...has received extensive outpatient counseling since 2004 including completing a 5-day intensive outpatient counseling program at NAVHOSP Bremerton...Possesses imminent risk of harm to himself and others due to sever personality disorder. 
	Diagnosis:  Personality disorder not otherwise specified with paranoid/depressive/avoidant traits.
	Recommendation:  Expeditious administrative separation.

Discharge Process

Date Notified:					NOT FOUND IN RECORD
Reason for Discharge:	NOT FOUND IN RECORD
Least Favorable Characterization:	NOT FOUND IN RECORD

Date Applicant Responded to Notification:		NOT FOUND IN RECORD
Rights Elected at Notification:
	Consult with Counsel			NOT FOUND IN RECORD
	Obtain Copies of Documents		NOT FOUND IN RECORD
	Submit Statement(s) (date)			NOT FOUND IN RECORD
	Administrative Board			NOT FOUND IN RECORD
	GCMCA review				NOT FOUND IN RECORD

Administrative Board Date, if any:	NOT FOUND IN RECORD

Commanding Officer Recommendation (date):	NOT FOUND IN RECORD
Separation Authority (date):	NOT FOUND IN RECORD
              Reason for discharge directed:	NOT FOUND IN RECORD
              Characterization directed:	NOT FOUND IN RECORD
Date Applicant Discharged:	20050715

Types of Documents Submitted by Applicant and Considered By Board

Related to Military Service:	Service and/or Medical Record:  ☒		Other Records:  ☐

Related to Post-Service Period:  	
	Employment:  		☐	Finances:  		☐	Education: 		☐
	Health/Medical Records:  	☐	Substance Abuse:		☐	Criminal Records:  	☐
	Family/Personal Status: 	☐	Community Service:  	☐	References:  		☐
	
Additional Statements From Applicant:  ☐	From Representative:  ☐  
Other Documentation (Describe) ☒ News article
Military Life articles (11 pages)

Pertinent Regulation/Law

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 20 June 2005 until Present, Article 1910-122, Separation By Reason of Convenience of the Government - Personality Disorder(s).

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs, Part V, Para 502, Propriety and Para 503, Equity.

C.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 92.

ADDENDUM:  Information for the Applicant

Complaint Procedures:  If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC  20301-4000.  You should read Enclosure (5) of the Instruction before submitting such a complaint.  The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness.  You may view DoD Instruction 1332.28 and other Decisional Documents by going online at “http://Boards.law.af.mil.”

Additional Reviews:  Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge.  Representation at a personal appearance hearing is recommended but not required.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits:  The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment/Educational Opportunities:  The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  

Reenlistment/RE-code:  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct:  DoD disability regulations do not preclude a disciplinary separation.  Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons.  Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended.  The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record.  Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.”  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  

Automatic Upgrades - There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  

Issues Concerning Bad-Conduct Discharges (BCD) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief.  With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency.  Clemency is an act of leniency that reduces the severity of the punishment imposed.  

Board Membership:  The names and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

Secretary of the Navy Council of Review Boards
Attn:  Naval Discharge Review Board
720 Kennon Street SE Rm 309
Washington Navy Yard DC  20374-5023