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Decision Text

NAVY | DRB | 2006_Navy | ND0600966
Original file (ND0600966.rtf) Auto-classification: Denied
ex-FN, USN
ND06-00966
Current Discharge and Applicant’s Request
Application Received:                               20060714        
Characterization Received:               
Narrative Reason :        OTHER PHYSICAL/MENTAL CONDITIONS-PERSONALITY DISORDER
Authority:                                  MILPERSMAN 3620200
         Duty Assignment/Command at Discharge:    USS MCKEE AS-41

Applicant’s Request:              
Characterization change to:               None Requested
         Narrative Reason change to: UNSPECIFIED
Review Requested:                         
Representation:                                     AMERICAN LEGION
Issues (as summarized by NDRB) :                  1. Applicant d id not receive proper and thorough counseling while on
active duty for her issues .
                                                   2. Narrative Reason Code Change
 3. Post Service .


Decision

 By a vote of the Characterization shall .     
By a vote of the Narrative Reason shall PERSONALITY DISORDER .

Date of Decision:                                            20 070830
Location of Board:                                  WASHINGTON D.C.
Complete Service Record:                                    YES
Complete Medical Record:                           YES
Complete Discharge Package:                        NO
                          
Discussion

 Issue 1: (Equity) T he Applicant’s separation process was in strict compliance with the Naval Military Personnel Manual. The Applicant was diagnosed by competent medical authority with a long standing disorder of character and behavior which was of such severity as to render the individual incapable for serving adequately in the Navy. Additionally, competent medical authority stated that the Applicant did not require and would not benefit from further hospitalization or psychiatric treatment and that although the Applicant was not presently considered suicidal or homicidal that she was judged to represent a continuing risk to self and others if retained in the naval service. Lastly, competent medical authority recommended immediate processing for administrative separation.

Issue 2: ( Propriety ). Competent medical authority recommended administrative separation, as soon as possible, for longstanding disorder of character and behavior. BUPERSINST 1900.8 dictates that when a service member is discharged as a result of a diagnosed personality disorder block 28 of the DD-214 shall read, “Personality Disorder” and block 26 Separation Code shall contain “JFX” indicating that the discharge was involuntary with no administrative discharge board entitlement. Since no other Narrative Reason for Separation could more clearly describe why the Applicant was discharged, a change would be inappropriate .

Issue 3 : (Equity). The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered. Other than the Applicant ’s statement, she provided one document of continued education. The Applicant's efforts need to be more encompassing than those provided. For example, the Applicant could have produced evidence a verifiable employment record, documentation of community service, and certification of non-involvement with civil authorities. The Board determined that the documentation provided by the Applicant did not mitigate the misconduct that resulted in the characterization of discharge.

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.


.

Summary of Service

Prior Service:
 Inactive: US N R (DEP)                                 19920619 - 19920622             

Period of Service Under Review:
 Date of Enlistment:                                 19920623                  
Years Contracted :                                                  
Date of Discharge:                                  19930910
Length of Service :
Active                                       01 Yrs 02 Mths 18 D ys
Time Lost During This Period:             Days UA: Days Confine d :

Education Level:                                            
Age at Enlistment:                                 
AFQT: 75                                              Highest Rank /Rate : FN

Evaluation marks (# of occasions):       Performance: 3.5 ( 2 )       Behavior: 3.6 ( 2 )          OTA: 3.60

Awards and Decorations ( per DD 214): NATIONAL DEFENSE SERVICE MEDAL

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

 19930726 :         Medical Record: Referred from Chaplains Office. Applicant expresses ideas of hurting herself. Applicant reports stress at home (marital issues) and work. Consult with MHU on 19930727

19930727 :         Medical Record:
Impression: 1.) AXIS I: Adjustment Disorder 2.) AXIS III: Orthostatic Hypertension
Recommendation: 1.) Fit for Duty but may require transfer to different duty
                  2.) Return for Appointment 19920802
                  3.) Applicant and husband marriage counseling
19930802 :         Medical Record: Applicant and husband report continued marital problems. Applicant expresses anxiety to work or stand watch in pump room, engine room, or boiler room.
         Recommendation: Applicant will need to be transferred to another duty assignment or special training unit pending re-testing in September for a different rate. Otherwise, she will not be fit for retention in Navy due to her severe adjustment disorder as she would present a risk for harming herself or shipmates.

19930809 :         Medical Record: Follow-up a ppointment. Same marital issues, s ame issue with pump room, engine room and boiler room.

 19930817 :        Medical Record: Reason for visit: Present today following suicidal gesture. Please reevaluate for fitness for duty/separation from Navy.
         Diagnosis: Personality disorder.
         Recommendation: (1) This member is not fit for military service due to her personality disorder EPTE. She is unmotivated to continue in the Navy. (2) Applcant presents moderat suicidal risk if retained. Today she is at low risk. (3) Recommend administrative separation as soon as possible. (4) Recommend light duty until separation. (5) Return to MHU PRN.
19930818:        Medical Record: Staff Psychologist recommends administrative separation for longstanding disorder of character and behavior.
Discharge Process

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

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

Administrative Board Date :       NOT FOUND IN RECORD

Commanding Officer Recommendation (date):       
Separation Authority (date):     NOT FOUND IN RECORD
Reason for discharge directed: 
Characterization directed:     
Date Applicant Discharged:       19930910

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) Associate in Arts Degree
 Decree of Divorce


Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 5 Mar ch 199 3 until 21 Jul y 1994, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.
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 .



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, provi ded 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 grante d 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.
Employmen t / 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

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