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NAVY | DRB | 2006_Navy | ND0600001
Original file (ND0600001.rtf) Auto-classification: Denied


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

ex-GSE3, USN
Docket No. ND06-00001

Applicant’s Request
The application for discharge review was received on 20050920. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and/or the Narrative Reason for Separation be changed to “service completed, retired.” The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060629. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the discharge and the reason for discharge shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of misconduct due to a pattern of misconduct .

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated

 Applicant’s issues, as stated on the application and/or attached document/letter:

“Dear Sirs,

I am writing to you concerning my discharge from the US Navy on 8 Apr 05. I am requesting my discharge be changed to honorable, and to be granted my retirement for time served, or allowed to complete my 20 years and Retire. I would also ask to be returned to pay grade E-6.

My medical records will show the following:
1. I suffer from depression
2. I was over medicated

I went through a bad period were I was not able to function. My superiors all said I was over medicated and was a “zombie”. When I stopped taking all the medications on my own, I showed rapid recovery to my prior state of mind. I had no problems with the military prior to the medications or after. I was told by Senior Chief L_ (Divo), LPO, and others that I was a totally different person. I believe statements by the doctor, (Capt F_), that the medications would have no effects to impair my judgment to be false and self-serving. The doctor who did my discharge physical even told me to fight this because my meds where very powerful and effected my judgment.

Please take the time to look at my medical record. Retired Navy personnel who have seen it and my military record note that my performance can be seen to decline w/the amounts of medication, I was being prescribed.

I am no asking for a handout. I just want my nineteen plus years of serving my country to mean something. I’m not looking to hurt anyone evolved; I just want my retirement, benefits for my kids, and the honor of being retired with an honorable discharge. I feel my time served after taking the medications out of my life prove they played a crucial role in why my performance fell so dramatically in the 4-month time span. I felt hopeless, unwanted, understood and depressed to the point of suicidal thinking. I didn’t run off, I stayed on base during my first UA, so I don’t think anyone can say I was just off saying to heck with the military and my responsibilities.

Thanks for your time,

V_ E. C_ (Applicant’s signature)”






 Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4)
Evaluation Report and Counseling Record, dtd April 5, 2005
E-mail from NAS PENSACOLA, dtd March 29, 2005
Thirteen pages from Applicant’s service record
Four hundred and seventy-five pages from Applicant’s medical record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19850409 - 19850804      COG
         Active: USN      19850805 - 19911219      HON
                   USN      19911220 - 19971113      HON
                   USN      19971114 - 20030529      HON
Period of Service Under Review :
Date of Enlistment: 20030530             Date of Discharge: 20050408

 Length of Service (years, months, days):

         Active: 01 10 09 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 13 days
         Confinement:              None

 Age at Entry: 38

 Years Contracted: 2 (3 month extension)

 Education Level: 13                                 AFQT: 89

 Highest Rate: GSE1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (1)                       Behavior: 3.0 (1)                 OTA : 3.0 0
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Navy Good Conduct Medal(4),Navy Meritorious Unit Commendation(2),National Defense Service Medal(2),Navy Recruiting Service Ribbon(2),Gold Wreath for Recruiting Excellence(15),Navy and Marine Corps Achievement Medal(2),Southwest Asia Service Medal(2),Navy and Marine Corps Overseas Service Ribbon(2),Global War on Terrorism Service Medal,Navy “E” Medal


Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/ PATTERN OF MISCONDUCT, authority: MILPERSMAN, Article 1910-140 (formerly 3630600).
Chronological Listing of Significant Service Events :

030530:  Reenlisted this date for a term of 2 years.

030602:  Applicant signs “Agreement To Extend Enlistment”. Extends enlistment for 3 months, new contract expiration date is 050829.

030721:  Pascagoula Primary Care Clinic Request to Life Skills Support Center. Applicant has history of intermittent bouts of depressed mood, insomnia, and general anxiety reportedly related to recruiting duty. Most recent Axis I diagnosis: occupational problems; Axis IVdiagnosis: occupational problems, partner relational problems; Axis V: GAF 60-7- (mild to moderate symptoms and dysfunction (Sep 2002). Applicant reported to sea duty with a recommendation for psychotropic medications. Applicant is currently on Buspar, Paxil, and Ativan. Please evaluate prior to placement on a ship.
         Provisional Diagnosis: Anxiety/Depression.

030806:  Consult and Diagnostic Interview at Life Skills Support Center, Keesler AFB MS. Applicant is scheduled to report to sea duty and Dr T_ requested an evaluation to determine whether Applicant is fit for sea duty.
         DSM-IV Diagnosis: Current profile or Deployment concern: yes.
         Axis I: 296.33 Major Depressive Disorder, Recurrent, Severe without Psychotic Features.
         Axis II: 799.9 Diagnosis Deferred.
         Axis III: Deferred to OPMR.
         Axis IV: Financial Problems, Limited Support System.
         Axis V: GAF = 51.
         Applicant is scheduled for follow-up appointment on 20 Aug.

030806:  Applicant begins treatment with Life Skills Support Center, Keesler AFB MS.







030820:  Follow-up psychological examination at Life Skills Support Center, Keesler AFB MS.
         DSM-IV Diagnosis: Current profile or Deployment concern: yes.
         Axis I: 296.33 Major Depressive Disorder, Recurrent, Severe without Psychotic Features.
         Axis II: 799.9 Diagnosis Deferred.
         Axis III: Deferred to OPMR.
         Axis IV: Financial Problems, Limited Support System.
         Axis V: GAF = 51.

030903:  Applicant missed Life Skills Support Center Stress Management Class, Keesler AFB MS.

030904:  Applicant ends treatment with Life Skills Support Center, Keesler AFB MS.

030917:  Applicant missed Life Skills Support Center Stress Management Class.

031003:  Life Skills Support Center Termination Report.
         Applicant completed 4 individual sessions with provider, 1 group session (Stress Management). No hospitalization, no intensive outpatient program.
         Situation: Patient (Applicant) is 38 y/o male being seen for individual and group cognitive behavioral therapy to target symptoms of anxiety and depression. Patient did not continue in treatment or respond to the provider’s follow-up calls. Dr. T_ (Navy Medical Officer) was informed and he reported that member had been transferred to Pensacola for follow-up care given his LIMDU status.
         Final Diagnosis: Axis I: 296.33 Major Depressive Disorder, Recurrent, Severe without Psychotic Features, 300.02 Generalized Anxiety Disorder
         Axis II: 799.9 Diagnosis Deferred
         Axis III: See OPMR
         Axis IV: Financial Problems, Limited Social Support System
         Axis V: GAF = 51
         Disposition: A. Patient seen for evaluation.
         B. Patient dropped out of treatment.
         C. Patient successfully completed treatment.
         D. Patient referred to Tri-Care Provider for marital counseling.
         E. Other: Patient is being treated at the Naval Hospital in Pensacola.

040210:  Substance Abuse Rehabilitation Program: Counselor’s Diagnostic Impression: Alcohol dependence. Tobacco use 10 cigarettes daily. Counselor’s Placement Recommendation: Residential. Abstinence. Attend 3 meetings per week AA until going into treatment\pre-care per week.

040220:  Naval Hospital Pensacola Outpatient Records. Captain H_ A. F_, MC, USN notes: “Received call from LT R_, NAS SJAG, and SVM (Applicant) was UA for his discipline review board yesterday. I advised that he was also not present for group therapy and that we made multiple unsuccessful attempts to call him. The cell number we have has been disconnected. He lives off base. Yesterday when UA his COC sent 2 men to his apartment, after no answer the landlady opened the door and SVM advised that he was asleep. Today CWO D_ and a Petty Officer went to his house where he spoke to them behind the door and it was dark inside, he declined to go to work and said he did not go to DRB because he “lost it”. When asked if he would go to work he responded that he “didn’t know” and when asked his state of mind he indicated that he “didn’t know”. Since he lives off base this is not within the military’s jurisdiction. We discussed that the SVM had significant active suicidal ideations a couple week ago, and that he contracted for safety. He did not meet criteria for involuntary admission and he refused voluntary admission. He had self-referred and I diagnosed him as alcohol dependent. (He had appeared to be improving significantly and felt hopeful about future). I requested that his command go back out to his house with a cell phone and that the SVM talk to me directly so that I can coax him to come in for emergency psychiatric evaluation. If he does not answer I recommend that the Escambia County Police be contracted with a request that he be Baker acted for emergency evaluation. If he agrees to come in, he should be transported by command with a driver and an escort. I am very worried about this SVM’s current potential for suicide. It is imperative that he be expeditiously evaluated. I have again reviewed all of the contract information that he provided and I have no way to reach him. I may contact Lt R_ back and offer to have one of my techs go with COC- to help coax the SVM to do the right thing.”
040220:  Applicant admitted to West Florida Hospital, Pensacola, FL. Applicant referred by the Navy, Dr. F_. Impression: AXIS I: Major depressive disorder, chronic recurrent type. AXIS II: None. AXIS III: Ulcerative colitis and hypertension. AXIS IV: Relationship and legal. AXIS V: Global assessment of functioning 20% on admission, highest in the past year about 65-70%.

040221:  NASP Outpatient Records: Psychiatric follow up by H_ A. F_, Capt, MC, USN, Psychiatrist: S: Plan to wean off of Ativan prior to Level III etoh rehab. A: AXIS I: (1) Alcohol dependence. (2) MDE, single episode. P: (1) Decrease Ativan to 1 mg . (2) Group tx today at 1300. (3) Med f/u on Friday.



040223:  NAVHOSP Pensacola: Applicant admitted to Pavilion by Dr F_ on 20 Feb 04, discharged on 23 Feb 04. Applicant admitted under the Baker Act due to feeling depressed and SI. Applicant had stopped taking Paxil, was secluding himself and missed work.
040317:  NJP for violation of UCMJ, Article 86 (3 specs): Absence from organization.
         Specification 1: In that GSE1 E_ V. C_(Applicant), USN, NAS, Pensacola, Fl, on active duty, did, on or about 22 January 2004, without authority, absent himself from his organization, to wit: Naval Air Station, Pensacola, located at Pensacola, Fl and did remain so absent until on or about 23 January 2004.
         Specification 2: In that GSE1 E_ V. C_(Applicant), USN, NAS, Pensacola, Fl, on active duty, did, on or about 0730, 26 January 2004, without authority, absent himself from his organization, to wit: Naval Air Station, Pensacola, located at Pensacola, Fl and did remain so absent until on or about 1300, 26 January 2004.
         Specification 3: In that Gas Turbine System Technician First Class E_ V. C_(Applicant), U.S. Navy, Naval Airs Station, Pensacola, Fl, on active duty, did, on or about 19 February 2004, without authority, absent himself from his organization, to wit: Naval Air Station, located at Pensacola, Florida, and did remain so absent until on or about 1455, 20 February 2004.
         Award: Forfeiture of $250 per month for 2 months, restriction and extra duty for 11 days, reduction to E-5. No indication of appeal in the record.

040317:  Retention Warning: Advised of deficiency (CO’s NJP on 17 March 2004, for violation of UCMJ, Article 86: Absent from organization (2 specifications).), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 040317:  Applicant to unauthorized absence at 1530 on 040317.

 040326:  NASP Outpatient Records: Captain H_ A. F_, MC, USN notes: “Contacted LN1 W_ from legal and he advised that he SVM did not contact him and he has not surrendered himself. I advised that although I did not deem the SVM to be suicidal during out phone dialogues last week (I have been TAD until today) that I remain concerned that he could become more overwhelmed and consider self-harm in the future. The clinic called the SVM’s home phone number and left a message requesting that he return my call. SVM had advised me that he was going to Atlanta to see his son, so that might be where he is. However, he has also elected in the past not to return multiple phone calls. This patient is in crisis and is making poor decisions-thus I remain concerned about his wellbeing.”
040330:  Applicant from unauthorized absence at 1300 on 040330 (13 days/surrendered). EAOS changed to 050611.
040330:  Confinement order. Applicant found fit for confinement.
040408:  NJP for violation of UCMJ, Article 86: Absence from organization.
         Specification: In that GSE2 V_ E. C_(Applicant), USN, NAS, Pensacola, Fl on active duty, did, on or about 17 March 2004, without authority, absent himself from his organization, to wit: NAS Pensacola, located at Pensacola, FL and did remain so absent until on or about 30 March 2004.
 Violation of UCMJ, Article 134: Breaking restriction.
Specification: In that GSE2 V_ E. C_(Applicant), USN, NAS, Pensacola, Fl, on active duty, having been restricted to the limits of NAS Pensacola, FL by a person authorized to do so, did, at NAS Pensacola, FL on or about 17 March 2004, break said restriction.
          Award: Restriction and extra duty for 45 days, reduction to E-4 (suspended 6 months). No indication of appeal in the record.

040414:  NASP Outpatient Records: Captain H_ A. F_, MC, USN. Urgent walk in. SVM is scheduled to attend Level II alcohol rehab in early July
 A: AXIS I: (1) Alcohol dependence with absence of commitment to program of recovery. (2) MDE. AXIS II: Dependent traits R/O PDO. AXIS III: S/P surgery.
          P: (1) Contacted psychologist – Dr. H_ at SARP who will see the SVM as a W/I now. I recommended that SVM be that SVM be upgraded to Level III Etoh Rehab. (2) Contacted PR W. E_ at [telephone number deleted] DAPA for NAS and discussed only eval of SVM and upgraded recommendations – he will contact Dr. H_ directly. (3) Paxel 20 mg po qd #30 with RFXT. (4) Pt to determine which other med he needs refill for and to call back. (5) Group tx on Friday. (6) Recommend expedite Level III Bed. (7) SVM contracts for safety. (8) Will have staff contact SVM’s sister (A_ C_ at [telephone number deleted] and advised that I cannot discuss case due to lack of consent to release information. (9) Contact Chaplains Center to provide Tx update.

040602:  Psychiatric walk in (acute): A: (1) Alcohol dependence. (2) Major depression, single episode, chronic with anxious features. (3) Occupational problem. P: Ativan 1 mg _ po of 8 prn severe anxiety, continue to contact pt about weaning off this . (2) Cogentine 2mg po qd. (3) Restart Risperdal.
040616:  Naval Hospital Pensacola, FL: Competency for duty examination. Disposition: Full duty.
040630:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of misconduct due to pattern of misconduct as evidenced by CO’s NJP of 17 Mar 04 and 8 Apr 04.
040630:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
040701:  Naval Hospital Pensacola. Applicant examined after 6 day period of UA. Impression: AXIS I: Alcohol dependence, cont use. Major depressive disorder single episode, per Capt F_’s history. AXIS II: Dependent traits, suspect PD. AXIS III: history of Ulcerative colitis v. IBS. AXIS IV: routine military, legal. AXIS V: GAF 35-40. Examiner’s observations: Active suicidal ideation in alcoholic who has been away from work and actively consuming-last drink reportedly last pm-4 beers. He (Applicant) has access to weapons, ongoing legal support, and main focus for living (his children) are currently away. He has a history of suicidal ideation and psychiatric hospitalization in early spring for similar sx. His psychiatrist is out of town and he is unable to rapidly establish a strong alliance on this emergency basis.
         Plan: Discussed need for hospitalization for the prevention of harm-pt understands and is currently voluntary. Will have ER medically clear for admission. Will contact West Florida Pavilion for admission – pt previously admitted there 2/20-2/23 2004.
         Discharge Instructions: Medically clear.

040701:  Reduction in pay grade awarded at NJP on 040408 vacated due to further misconduct.

040707:  Branch Medical NAS Pensacola. G_ F. O_, provider’s notes: “Contacted by Dr. M_, the Pavilion, for Dr-to-Dr pre-discharge brief. Dr. M_ stated that patient’s meds have been adjusted to : Buspar increased to 10mg am, 20mg pm; Lexapro 30 mg, Seroquel 100mg qhs. Dr. M_ reported that patient is comfortable with plan and contracts for safety. She also reported that the command is very involved. The plan includes separation form service, and patient will be reside on-base until separation is finalized. Additional support will be provided by Command Chaplain. This provider agreed to contact D_ W_, ADCM, to inform her of pending discharge and to make arrangements for follow-up at the hospital Mental Health Department.”



040708:  NASP Outpatient Records: S_ D. R_ Provider’s notes Called by Lt R_ of NAS Legal, who stated that PO C_(Applicant) was discharged from the Navy today and received his DD214. He was informed of his benefits via the VA and stated understanding of such. Lt R_ requested that Capt F_ be apprised of this upon her return, which I will do.

040806:  Naval Hospital Pensacola, FL. Applicant examined by Captain H_ A. F_, MC, USN . AP:
1.       Major Depressive Disorder, single episode, unspecified degree
2.       Other and Unspecified Alcohol Dependence, Continuous use
3.       Occupational Problem
 Disposition: Released w/o limitations. Follow-up: 1 week(s) in the Mental Health Clinic or sooner if there are problems.

040811:  Naval Hospital Pensacola, FL. Report by Provider, Captain H_ A. F_, MC, USN : “S: received call for LT R_ regarding SVM’s (Applicant’s) letter to BUPERS indicating that he was not capable of making decisions regarding his career at the time he accepted the Navy’s administrative plan due to medications he was on and his mental and medical conditions. I advised after hearing excerpts that the facts were not accurate and warranted clarification. It was requested that I submit a statement to address statements made by the SVM (Applicant) about his condition and his situation. I have agreed to do so. At no time has the SVM (Applicant) been not capable /competent to make medical or financial decisions on his behalf. I have advised the SVM (Applicant) all along that he is responsible for his misconduct.
 A/P: 1. Major depressive disorder, single episode, unspecified degree
2. Other and unspecified alcohol dependence, continuous use
3.       Occupational problem.
 Disposition: Follow-up: 2 day(s).
040817:  Naval Hospital Pensacola, FL.
Assessment: 1. Other and unspecified Alcohol Dependence, Unspecified use. 2. Other occupational circumstances or maladjustment.
Disposition: Follow-up. 3 days in MHD group tx clinic or sooner if there are problems.







041117:  NASP Outpatient Records: Request for 2 nd opinion in mental health care. S: 39 yo AD male with 19 + CAD years. Applicant previously been seen and evaluated by Dr. F_, Mental Health NHP for alcoholism, major depression, anxiety. Discussed with member that NHP has right of first refusal has stopped all meds except lisinopal because they seemed to interfere with thinking and judgment. Applicant has not attended scheduled Level II (or III) due to UA.
         A: (1) Alcoholism
         (2) History of major depression.
         (3) Situational adjustment with anxious mood.
         (4) Non-compliance.
         P: (1) Continue attend AA meetings.
         (2) Follow up with DAPA; approach SARP for alternate class dates.
         (3) Discuss pt with Dr. F_, re options if any.
         (4) RTC 2 days for follow up and new information.

041210:  Naval Hospital Pensacola: A/P: Alcohol dependence in remission.

041213:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct - pattern of misconduct, that such misconduct warranted separation, and recommended discharge with a general (under honorable conditions).

041229:  Applicant provides written statement to Bureau of Naval Personnel.

 050110:  Commanding Officer, Naval Air Station, Pensacola, FL recommended to Bureau of Naval Personnel (PERS-4832) that the Applicant be discharged with a characterization of general (under honorable conditions) by reason of misconduct due to a pattern of misconduct. Commanding Officer’s comments: “I strongly concur with the board recommendations that Petty Officer C_(Applicant) be separated from the naval service with a characterization of General Under Honorable conditions.”

050121:  Naval Hospital Pensacola, FL. Psychiatric Follow-up. A/P: 1. Other occupational circumstances or maladjustment. 2. Alcohol dependence in remission.

050127:          Naval Hospital Pensacola, FL. Psychiatric Follow-up. No SI/HI. A/P: 1. Other and unspecified alcohol dependence, in remission. 2. Nicotine dependence.




050127:  Action Memo from Conduct and Separations Branch (PERS-483), Navy Personnel Command, for the Chief of Naval Personnel. Recommendation is that CNP approve a General (Under Honorable Conditions) discharge. Applicant has over 19 years and 5 months of active duty service. CNP is the final approval authority for administrative separation of personnel with more than 18 years of active duty service.

050204:  Naval Hospital Pensacola, FL. Applicant examined by Captain H_ A. F_, MC, USN . AP: 1. Other and unspecified alcohol dependence, in remission. 2. Tobacco use disorder.
 Disposition: Released w/o limitations. Follow-up: 1 week(s) in the Mental Health Clinic or sooner if there are problems.

050329:  CNP directed the Applicant's discharge with a general (under honorable conditions) by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20050408 by reason of misconduct due to a pattern of misconduct (A) with a general (under honorable conditions). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).

The Applicant contends that his problems in the Navy can be attributed to his impaired judgment as a result of being “over medicated”. On 20040811, a competent medical authority (U.S. Navy CAPT, Medical Corps Officer), who had been treating the Applicant over the course of 7 months for major depressive disorder, alcohol dependence, and nicotine dependence, stated that at no time had the Applicant not been capable and or competent to make decisions on his behalf. Further, the medical officer stated that she had advised the Applicant “all along” the he was responsible for his misconduct. While he may feel his impaired judgment due to over medication was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of 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. Relief denied.

The separation process was in strict compliance with the Naval Military Personnel Manual. The Applicant’s misconduct, warranting separation for misconduct due to a pattern of misconduct is clearly documented in the service record. Since no other Narrative Reason for Separation could more clearly describe why the Applicant was discharged, a change would be inappropriate.

When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A general discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service was marred by a retention warning and 2 nonjudicial punishment proceedings for violations of Articles 86 (4 specifications of unauthorized absence) and 134 (breaking restriction) of the UCMJ. In addition, the Applicant received a suspended reduction in rank awarded at NJP that was vacated due to his continued misconduct. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.




Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. Reenlistment policy of the naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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. Additionally, 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 on the propriety and equity of the discharge.

The Applicant remains eligible for a personal appearance hearing, provided an 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.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 2002 until 25 April 2005, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.

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

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .


PART IV - INFORMATION FOR THE APPLICANT
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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive 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 Directive 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil ” .
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

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  • NAVY | DRB | 2005_Navy | ND0500190

    Original file (ND0500190.rtf) Auto-classification: Denied

    GSMFN C_ (Applicant) was denied multiple requests for Emergency Leave from his Command and, in particular, Commander H_, to provide support and assistance in the form of Emergency Medical care for his Military Spouse Member, S_ C. (P_) C_. Commander H_ endangered the safety of military spouse member S_ C. (P_) C_ by Ordering all means of Communication be severed between GSMFN C_ (Applicant) and his spouse during a time of war to such extent that military spouse member nearly committed...

  • NAVY | DRB | 2005_Navy | ND0500629

    Original file (ND0500629.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. A medical board was submitted for a major depressive disorder/systemic disorder and was changed 2 wks before my discharge. Disposition/Recommendations: HM2 W_’s (Applicant) current symptoms are consistent with a personality disorder and a mild dysthymic disorder.

  • NAVY | DRB | 2006_Navy | ND0600458

    Original file (ND0600458.rtf) Auto-classification: Denied

    Diagnosis: Alcohol dependent in remission x 1 year/ Anxiety NOS Recommendation: 1) Supportive insight oriented psychotherapy was given 2) Xanax 0.5 mg Disp #10 ½ tab po 3) F/U in one week Saw service member in F/U, reported doing well w/ xanax. Recommend MM3 C_ (Applicant) be separated from the naval service with a General Discharge.” 931020: Commanding Officer, Transient Personnel Unit, San Diego authorized discharge with a general (under honorable conditions) by reason of misconduct due...

  • NAVY | DRB | 2006_Navy | ND0600148

    Original file (ND0600148.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. APPLICANT’S ISSUES AND DOCUMENTATION Issues, as stated Applicant’s issues, as stated on the application and/or attached document/letter: “ Dear NDRB,The following issues are the reasons I believe my discharge should be upgraded to Honorable and the reenlistment code be changed to RE-1 with corresponding Separation Program Number/designator. If I was considered such...

  • NAVY | DRB | 2006_Navy | ND0600189

    Original file (ND0600189.rtf) Auto-classification: Denied

    ND06-00189 Applicant’s Request The application for discharge review was received on 20051107. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Treatment Plan: 8 months LIMDU away for stressor, Depakote for treatment of impulse control/lability, Individual psychotheraphy @ Fleet and Family services, NMCP outpatient crisis intervention program Limitations: Shore duty only – no weekends, nights, or rotating shifts.

  • NAVY | DRB | 2006_Navy | ND0600463

    Original file (ND0600463.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT FOR OFFICIAL USE ONLY ex-IT2, USN Docket No. Decisional Issues: Propriety/Equity – command misconduct Propriety – didn’t meet criteria for discharge Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Letter from Applicant, dtd February 1, 2006Applicant’s DD Form 214 (Member 4)Court Order from the State of Texas, dtd...