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NAVY | DRB | 2006_Navy | ND0600424
Original file (ND0600424.rtf) Auto-classification: Denied


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

ex-HN, USN
Docket No. ND06-00424

Applicant ’s Request
The application for discharge review was received on 20060126 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable . 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 20061130 . 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 shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of unsatisfactory performance.

PART I -

APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant ’s issues, as stated on the application:
“ At the time of my discharge, I had some serious personal problems that made it difficult for me to focus on my job as a Navy Hospital Corpsman. My father was seriously ill with kidney failure. He was on dialysis for 2 years awaiting a transplant. I had also gotten married while stationed in Great Lakes, ILL. This marriage turned into a nightmare of psychological abuse. I sought counseling while still in the Navy and it helped me tremendously. With my confidence restored, I went home knowing exactly what I had to do. I divorced my husband. My father received his transplant. So with these two major issues resolved, I would like another chance to be in the military. I am interested in joining the Reserves. ”
Applicant’s Remarks: (Taken from the DD Form 293.)
“ I feel that the above described issues created extenuating circumstances. Since these issues are now resolved, I am interested in serving my country in the Reserves. In order to do that, I need my discharge code changed. Since I have been home, I worked hard to put my life back together. I have a job, but I want to do more with my life. I want to further my education and put to use the credits I earned while in the Navy. I am requesting a second chance because I feel that I deserve it and I will do everything in my power to make sure that you don’t regret giving me this opportunity. Whatever happens, thank you for your time & consideration. ”

 Documentation
In addition to the service and medical record s , the following additional documentation, submitted by the Applicant , was considered:
Letter from Hartford Hospital Transplant Program from A_ N. W_, R.N., Transplant         Coordinator concerning Applicant ’s fathers kidney transplant, dtd September 19,          2002
Letter from Hartford Hospital Transplant Program from K_ A_, APRN, concerning    Applicant ’s fathers post kidney transplant, dtd August 27, 2004
 Applicant ’s divorce judgement, dtd April 15, 2005 (2 pages)
Applicant ’s DD Form 214
 Evaluation Report and Counseling Record from February 15, 2003 to July 25, 2003
Evaluation Report and Counseling Record from March 1, 2004 to July 15, 2004
Evaluation Report and Counseling Record from July 16, 2004 to December 18, 2004
Twenty-seven pages from Applicant ’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20020328 - 20020415       COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 20020416              Date of Discharge: 20050107

Length of Service (years, months, days):

          Active: 0 2 0 8 22
         Inactive: None

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

Age at Entry: 18
Years Contracted: 4 ( 12 -month extension)

Education Level: 12                                 AFQT: 35

Highest Rate: HN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2. 0 ( 4 )                        Behavior: 2. 5 ( 4 )                  OTA: 2. 33

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214 ): National Defense Service Medal, Navy/Marine Corps Overseas Service Ribbon


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

GENERAL (UNDER HONORABLE CONDITIONS)/ UNSATISFACTORY PERFORMANCE, authority: MILPERSMAN, Article 1910-156 (formerly 3630300).

Chronological Listing of Significant Service Events :

030522:  Medical evaluation by US Naval Hospital Okinawa, Japan, Mental Health Clinic by M. A. M_, CDR, MC.
         Intake.
         Diagnosis: Adjustment disorder-depressed. Partner relational problem.
         Therapy administered: To begin individual psychotherapy, medication management, Rx 1. Celexa 20 mg PO Qb.
         Recommendation: Continued outpatient evaluation and treatment. Patient ( Applicant ) is stable, and not a danger to self or others. Patient agrees to contact the mental health clinic, their chain of command, a chaplain or go to the Emergency Room should they have any thoughts or harming self or others. Patient understands and agrees with this plan. Next follow up: 2.
030524:  Medical evaluation at US Naval Hospital Okinawa, Japan, Mental Health Clinic by M. A. M_, CDR, MC.
         Intake.
          Objective findings: Euthymic. Affect congruent.
         Diagnosis: Adjustment disorder-depressed. Rule out depressed disorder not otherwise specified.
         Therapy administered: 1. Celexa 20 mg q d. 2. Counseling pending.
          Recommendation: Continued outpatient evaluation and treatment. Patient ( Applicant ) is stable, and not a danger to self or others. Patient agrees to contact the mental health clinic, their chain of command, a chaplain or go to the Emergency Room should they have any thoughts or harming self or others. Patient understands and agrees with this plan. Next follow up: 2 weeks.
030609:  Medical evaluation at US Naval Hospital Okinawa, Psychiatry Clinic by M. A. M_, CDR, MC(FS), USN.
          Follow up. Objective findings: Euthymic.
         Diagnosis: Adjustment disorder - depressed/anxious.
         R/O Depressive disorder not otherwise specified.
         Therapy administered: Medication management. 1. Celexa 20 mg QD. 2. Pending counseling.
         Recommendation: Continued outpatient evaluation and treatment. Patient ( Applicant ) is stable, and not a danger to self or others. Patient agrees to contact the mental health clinic, their chain of command, a chaplain or go to the Emergency Room should they have any thoughts or harming self or others. Patient understands and agrees with this plan. Next follow up: 4 weeks.
         
030702:  Medical evaluation at US Naval Hospital Okinawa, Japan, Mental Health Clinic by B. A_, LCDR, MC, USNR, Staff Psychiatrist.
          Follow up.
         Diagnosis: Adjustment disorder-depressed.
         Therapy administered: Celexa 20 mg po qd. Sleep hygiene discussed.
         Disposition: FFFD.
          Recommendation: Continued outpatient evaluation and treatment. Patient ( Applicant ) is stable, and not a danger to self or others. Patient agrees to contact the mental health clinic, their chain of command, a chaplain or go to the Emergency Room should they have any thoughts or harming self or others. Patient understands and agrees with this plan. Next follow up: 1 month.
030828 :  Medical evaluation at US Naval Hospital Okinawa, Japan, Mental Health Clinic by J. L. L_, LCDR, MC, USNR, Staff Psychiatrist.
         Follow up.
         Objective findings: Anxious.
         Diagnosis: Depressive disorder not otherwise specified.
         Therapy administered: Individual psychotherapy, medication management, Rx Celexa 40 mg q AM #60.
         Disposition: FFFD.
          Recommendation: Continued outpatient evaluation and treatment. Patient ( Applicant ) is stable, and not a danger to self or others. Patient agrees to contact the mental health clinic, their chain of command, a chaplain or go to the Emergency Room should they have any thoughts or harming self or others. Patient understands and agrees with this plan. Next follow up: 4 weeks, PRN. Follow up with weekly psychotherapy.

03100 1 :  Medical evaluation at US Naval Hospital Okinawa, Psychiatry Clinic by J_ L. L_, LCDR, MC, USN, Staff Psychiatrist.
          Objective findings: Euthymic. Affect congruent.
          Depressive disorder not otherwise specified.
         Therapy administered: Individual psychotherapy, medication management, Celexa 40 mg PO q AM.
         Disposition: FFFD.
         Recommendation: Continued outpatient evaluation and treatment. Patient ( Applicant ) is stable, and not a danger to self or others. Patient/guardian agrees to contact the Mental Health Clinic, their Chain of Command, a Chaplain or go to the Emergency Room should they have any thoughts or harming self or others. Patient/guardian understands and agrees with this plan. Next follow up: 4 weeks.

031215:  Retention Warning. No further information found in service record. [Extracted from Commanding Officer’s letter dated 041117.]

 031216:  Medical evaluation at US Naval Hospital Okinawa, Psychiatry Clinic by J_ L. L_, LCDR, MC, USN, Staff Psychiatrist.
         Follow up. Objective findings: Anxious.
         Depressive disorder not otherwise specified.
          Therapy administered: Individual psychotherapy, medication management, Cele x a 40 mg PO q AM and Wel l butrin SR 150 PO q AM.
          Disposition: FFFD.
          Recommendation: Continued outpatient evaluation and treatment. Patient ( Applicant ) is stable, and not a danger to self or others. Patient/guardian agrees to contact the Mental Health Clinic, their Chain of Command, a Chaplain or go to the Emergency Room should they have any thoughts or harming self or others. Patient/guardian understands and agrees with this plan. Next follow up: 4 weeks. PRN.
04 05 29:  Medical evaluation at US Naval Hospital Okinawa, Japan, Mental Health Clinic by M. A. M_, CDR, MC.
          Follow up.
         Diagnosis: Adjustment disorder-depressed. Rule out depressed disorder not otherwise specified.
         New labs, testing ordered, psych panel.
         Therapy administered: Medication management, Celexa 20 mg qd. To be scheduled for outpatient counseling.
         Disposition: FFFD.
 Recommendation: Continued outpatient evaluation and treatment. Patient (Applicant) is stable, and not a danger to self or others. Patient agrees to contact the mental health clinic, their chain of command, a chaplain or go to the Emergency Room should they have any thoughts or harming self or others. Patient understands and agrees with this plan. Next follow up: PRN.

040624 :  Retention Warning . No further information found in service record. [Extracted from Commanding Officer’s letter dated 041117.]

0 4 0728:  Commanding Officer, U.S. Naval Hospital Okinawa Japan letter to Applicant. Subject: ADVERSE PERFORMANCE EVALUATION REPORT. Applicant notified that her performance evaluation report for the period 20040301 to 20040715 contains adverse matter; Block 33: 1.0 below standards; Block 34: 1.0 below standards.

041115 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of unsatisfactory performance.
041115 :  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 .
041117 :  Commanding Officer, U. S. Naval Hospital, Okinawa , directed Applicant ’s discharge with a general (under honorable conditions) by reason of unsatisfactory performance . Commanding Officer’s comments : “ In accordance with reference (a) and (b), and after a review of the member’s service record and other pertinent documentation, it is directed that HN M_ R. A_ be discharged from active duty with a General Discharge (under honorable conditions) by reason of unsatisfactory performance. ”

041207:  Physical Examination Notification from J. C. S_ MPAC, PA C, LT, MSC, USNR. Applicant found physically fit for separation.


Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20050107 by reason of unsatisfactory performance (A) with a service characterization of 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 Board presumed regularity in the conduct of governmental affairs (D).
The Applicant contends that her problems in the Navy can be attributed to “serious personal problems." While she may feel that her father’s illness and her marriage were the underlying causes of her unsatisfactory performance, the record clearly reflects that she was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.

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 received 2 retention warnings and an enlisted performance evaluation with 1.0 marks for the performance traits of professional knowledge and quality of work, which, in accordance with NAVPERS 15560C, demonstrated that she was unqualified for further naval service. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy and falls far short of that required for an upgrade of her characterization of service. Relief is not warranted.

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 educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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. 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. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.



The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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. The Applicant provided a copy of her divorce decree, dated 20050415. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient post-service documentation to consider mitigating the misconduct that resulted in the characterization of discharge. Relief denied




Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 2002 until 22 Sep 2005, Article 1910-156 (formerly 3630300), SEPARATION BY REASON OF UNSATISFACTORY PERFORMANCE .

 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 .

 D. 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 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . 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 ” .
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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