Upgrade.Vet

NAVY | DRB | 2006_Navy | ND0600818

Original file (ND0600818.rtf) Auto-classification: Denied

BOX I: Discharge at Issuance and Applicant’s Request :
Application Received:                               20060601 .
Narrative Reason for Separation:                           PERSONALITY DISORDER
Character of Service:                                GENERAL ( Under Honorable Condition s )
Authority of Discharge:                            MILPERSMAN Article 1910-1 22
Narrative Reason for Separation be changed:      YES
Characterization of Service be change d to:                Honorable
The Applicant requests :                                     Documentary review
Representation:                                              None designated
Complete Service Record:                                    Yes
Complete Medical Record:                           No
Discharge Package Complete:                        Yes
Command at Discharge:                               USS NASSAU (LHA 4)

BOX II: Decision:
Date of Decision:                                             20070 3 22
Location of Board:                                   Washington D.C.
Regarding p ropriety , the Board found the discharge :       Proper
Regarding e quity , the Board found the discharge :          Equitable at ISSUANCE ;
afte r consideration of post-service :               EQUITABLE
Vote :                                                  Unanimous / UNANIMOUS
The Discharge shall remain :                         GENERAL / Personality Disorder

BOX III : Summary of Service :
Prior Service:
Inactive: USNR (DEP)                                20030627 - 20030721       COG
Active: None

Period of Service Under Review :
Age at this Enlistment : 1 9                                   Years Contracted: 4
Educat ion Level: GED                                 AFQT: 45
Highest Rate: SN

Date of Enlistment:                                 20030722
Date of Discharge:                                   20050427
Length of Service:                                   01 Yrs 09 Mos 06 Days ^{Does not exclude lost time, if any.}
Time Lost During This Period:                       NONE

Performance Evaluation Averages (number of marks):
Performance /Behavior/OTA :                          4.0 (1) /          3.0 ( 1) / 3 . 50

Awards and Decorations (as listed on the DD Form 214):
National Defense Service Medal

BOX I V: Disciplinary and Counseling Events :

20041021:        Retention Warning: Advised of deficiency ( Article 134 - Making and uttering worthless checks. ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

20 050203:        NJP for violation(s) of UCMJ:
         Article 92: Failure to obey order. Article 107: False official statement. Award : Correctional custody for 30 days. No indication of appeal in the record .

20050203:        Retention Warning: Advised of deficiency (Violation of UCMJ, Article 86 - Failing to go; Article 92 - Disobey order, Article 107 - False official statement.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

20 050325 :        NJP for violation(s) of UCMJ:
         Article 86: U nauthorized absence from FEP Training on 050303, 050308, 050309, 050314, 050316, 050322, a n d 0700, 050311 until 1400, 050311. Award: Forfeiture of $722.00 per month for 2 months , restriction for 56 days , reduction to E-2 . No indication of appeal in the record .

20050325:        Retention Warning: Advised of deficiency ( Article 86 - Unauthorized absence .), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

20050330:        Retention Warning: Advised of deficiency ( Personality disorder .), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

BOX V: Elements of Discharge:
Elements of notification:
         Date:                                                          20050421
Narrative Reason(s):                                         Personality Disorder
                                                               pattern of misconduct
                                                               C ommission of a serious offense
         Least Favorable Characterization:                                   GENERAL (UNDER honorable CONDITIONS)
         Record shows Applicant met criteria for narrative reason(s):     Yes
Date Applicant responded to notification:                                   200 50421
Rights elected at notification :
Obtain Copies                                                ELECTED
Submit Statement(s)                                          WAIVED
Consult with Counsel                                         WAIVED
GCMCA Review                                                  NOT APPLICABLE
Administrative Board                                         NOT APPLICABLE
Recommendation of Commanding Officer (date):                       NOT APPLICABLE; LOCAL SEPARATION
Discharge directed by:                                                C OMMANDING OFFICER , USS NASSAU (LHA 4)
Date discharge directed:                                                       2005042 6
Narrative reason directed                 :                                   PERSONALITY DISORDER
Characterization of directed:                                        GENERAL (UNDER HONORABLE CONDITIONS)

BOX VI: Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation

200 50 328:        Applicant evaluated due to mixed depressive/anxiety symptoms. Diagnosis: AXIS I: Adjustment disorder with depressed mood, Alcohol dependence, eating disorder not otherwise specified. AXIS II: Personality disorder not otherwise specified with borderline features. AXIS III: Deferred - please refer to medical record for more information. Recommendations: The evaluating psychologist recommends administrative due to unsuitability in accordance with MILPERSMAN 1910-120. As indicated in the clinical report, the service member manifests a severe inability to adjust to the demands of Navy life as is unlikely to be able to serve satisfactorily in any capacity. The patient is pending alcohol rehabilitation treatment at SARP on 050516. The patient is not considered a safety risk. However, she agreed to contact chain of command or emergency services if she feels that she will harm herself of others. The results of this evaluation were discussed with the patient who concurs.

20050415:        Outpatient Progress Note: AXIS I: Adjustment disorder with depressed mood, alcohol dependence, eating disorder. AXIS II: Personality disorder not otherwise specified with borderline features. AXIS III: Deferred - please refer to medical record for more information. Recommendations: The evaluating psychologist strongly recommends expeditious administrative separation for unsuitability in accordance with MILPERSMAN 1910-122. This service member has a long-standing disorder or character and behavior which is of such severity as to interfere with serving adequately in the Navy in any capacity. While not imminently suicidal or homicidal so as to require hospitalization, this service member is at high risk to harm self or others and should be separated as soon as possible.

BOX VII: Applicant’s Issues and Board Response

Applicant’s Issues:
1. Applicant d id not have a personality disorder.
2. Applicant informed that discharge would be changed to honorable 90 days after discharge.

Acceptance of Applicant’s Issues:
The board accepted Issue 1 for consideration. R egarding the Applicant’s I ssue 2 , t he Board determined that th is I ssue is not an I ssue which can form the basis of relief for the A pplicant . The Applicant is directed to the Addendum regarding thi s I ssue .

Issue 1 ( Propriety ). The Applicant implies that her discharge is i mproper because she did not have a personality disorder. The statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The Applicant was diagnosed with a personality disorder by a competent medical authority on 20050328 and 20050415 . The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper . Relief denied.

Additional Issues:

In addition to an Applicant’s submitted issues, the Board reviewed the Applicant’s discharge under the equity provision .

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. T he Applicant’s service was marred by four retention warnings and two nonjudicial punishment proceedings for violations of Articles 86, 92 and 107 of the UCMJ. Violations of Articles 92 and 107 of the UCMJ are serious offenses. 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. 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 is not warranted.

Regarding Equity after consideration of post-service conduct:
As of this time, the Applicant has not provided sufficient relevant post-service documentation that would mitigate the misconduct that resulted in the characterization of discharge. The Applicant’s discharge remains equitable after consideration of post-service conduct .

BOX VIII : Minority Opinion

None

BOX I X : Documentation submitted by the Applicant and considered by the Board
Applicant’s DD 214
Statement from Applicant , UNDATED (2 PAGES)
lETTER FROM DEPARTMENT OF VETERANS AFFAIRS TO APPLICANT, DATED November 29, 2005
official statement of applicant, undated (2 PAGES)

BOX X: Pertinent Regulation/Law
A. Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 2002 until 19 June 2005, Article 1910-122 (formerly 3620225), 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 V, Para 502, Propriety , Para 503, Equity and Para 211, Regularity of Government Affairs .

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, failure to obey order/regulation or Article 107, false official statement.

BOX X I : Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214. Block 2 9 , Dates of Time Lost During This Period, should read: “NONE.” The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

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 . 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 greater than 15 years or 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, 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. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.

Medical Conditions : When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an Applicant’s performance and ability to conform to the military’s standards of conduct and discipline. The NDRB generally does not consider the circumstances surrounding an Applicant’s stated condition, the implied incorrect diagnosis, nor the medical treatment given to the Applicant to be of sufficient nature to exculpate an Applicant’s misconduct.

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 for a physical disability or “PTSD” as requested. 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.

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

Similar Decisions

NAVY | DRB | 2004_Navy | ND04-00224

Original file (ND04-00224.rtf) Auto-classification: Denied

The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Chronological Listing of Significant Service Events :940719: NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 92: Dereliction of duties. No indication of appeal in the record.960416: USS NASSAU (LHA-4) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of...
NAVY | DRB | 2006_Navy | ND0600785

Original file (ND0600785.rtf) Auto-classification: Denied

The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). The Board’s vote was unanimous[or]# to # that the discharge [and/or] the reason for discharge shall change to: HONORABLE[or]GENERAL (UNDER HONORABLE CONDITIONS)/SECRETARIAL AUTHORITY, authority: MILPERSMAN 1910-164, Separation Code “JFF. Patient states pain is in the area where he received sutures.
NAVY | DRB | 2004_Navy | ND04-00238

Original file (ND04-00238.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-MRFN, USN Docket No. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. At this time, the Applicant has not provided sufficient documentation for the Board to consider.
NAVY | DRB | 2006_Navy | ND0600892

Original file (ND0600892.rtf) Auto-classification: Denied

The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Equity – Quality of service: The Applicant contends that this discharge should be upgraded because he has Honorable discharges for his service from 6/89 to 6/93.While the Board acknowledges the Applicant’s previous honorable discharges, the period of service under review is the period of service wherein the Applicant committed misconduct and was discharged. The names,...
USMC | DRB | 2005_Marine | MD0500914

Original file (MD0500914.rtf) Auto-classification: Denied

PART I - APPLICANT’S ISSUES AND DOCUMENTATION Recommendation: Fit for full duty040312: An Administrative Discharge Board, based upon a preponderance of the evidence and by majority vote, found that the Applicant had committed misconduct due to pattern of misconduct, that such misconduct warranted separation, and recommended discharge under other than honorable conditions.040511: Commander, Marine Corps Base, Quantico, VA, informed the Commandant of the Marine Corps, that the Applicant will...
NAVY | DRB | 1999_Navy | ND99-01155

Original file (ND99-01155.rtf) Auto-classification: Denied

No indication of appeal in the record.930311: NJP for violation of UCMJ, Article 86: (2 Specifications), Unauthorized absence from appointed place of duty on 930305 and 930309, violation of UCMJ Article 134: Unlawful entry on 930215 into the restricted barracks office. 930415: BUPERS directed the applicant's discharge General under Honorable conditions by reason of misconduct due to the Commission of a serious offense. You may obtain a copy of DoD Directive 1332.28 by writing to: DA...
NAVY | DRB | 2003_Navy | ND03-01441

Original file (ND03-01441.rtf) Auto-classification: Denied

The Applicant requests the reason for the discharge be changed to “honorable with medical conditions.” The Applicant requests a documentary record discharge review. The Applicant was diagnosed with a personality disorder and bulimia nervosa by competent medical authority. The summary of service clearly documents that personality disorder was the reason the applicant was discharged.
NAVY | DRB | 2006_Navy | ND0600988

Original file (ND0600988.rtf) Auto-classification: Denied

Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified: 20050520 Reason for Discharge due to: due to: Least Favorable Characterization: Record Supports Narrative Reason: Date Applicant Responded to Notification: 20050520Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date) Recommendation of Commanding Officer (date): Separation Authority (date): COMMANDER, AMPHIBIOUS GROUP TWO (20050616) Reason for discharge...
NAVY | DRB | 2006_Navy | ND0600565

Original file (ND0600565.rtf) Auto-classification: Denied

The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. I would process for separation due to adjustment disorder. 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
NAVY | DRB | 2005_Navy | ND0501292

Original file (ND0501292.rtf) Auto-classification: Denied

Relief is not warranted.The Applicant contends that his problems in the Navy can be attributed a diagnosed personality disorder (not otherwise specified) and that the command did not follow medical advice. The Applicant was evaluated by a competent medical authority who stated that the Applicant was “considered totally unfit for further shipboard/overseas duty.” Although the Applicant may have been eligible for administrative separation for a medical condition, applicable regulations...

Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600818

Similar Decisions