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NAVY | DRB | 2006_Navy | ND0601097
Original file (ND0601097.rtf) Auto-classification: Denied

ex-FR, USN
ND06-01097

 Current Discharge and Applicant’s Request :

Application Received:                               20 060816
Reason for Separation:                             
Character of Service:                                (ENTRY LEVEL)
Discharge Authority :                                MILPERSMAN 1910-154
Last Duty Assignment/ Command at Discharge:       NAVAL SUBMARINE SCHOOL GROTON CT

Applicant’s Request:
          Narrative Reason change to:                none requested
         Characterization chang e to:               
         Review Requested :                          
         Representation:                                    
         Issues (as summarized by NDRB):           1. Desire accrued leave and GI Bill benefits
                                                      2. Should have been re-assigned to a different rating
                                                      3. Denied legal counsel during separation processing
                                                      4. Characterization inequitable in light of service.
         

Decision:

 Date of Decision:                                            20070719
Location of Board:                                  Washington D.C.
Complete Service Record:                                   
Complete Medical Record:                          
Complete Discharge Package:                       

Regarding propriety, the Board found the discharge:     
Regarding equity, the Board found the discharge:        

By a vote of the Characterization shall .     
By a vote of the Reason for Discharge shall .


Summary of Service :

Prior Service:
 Inactive: USNR (DEP)                                20020429 - 20020819
Active: NONE
Period of Service Under Review :
Date of Enlistment:                                 20020820
Years Contracted :                                   ;      
Date of Discharge:                                  20030319
Length of Service:                                  00 Yrs 07 Mos 00 Days ( does not exclude lost time, if any)
Time Lost During This Period:                     

Education Level:                                   
Age at this Enlistment:                                    
AFQT:                                                 53
Highest Rate/Rank:                                   FR

Performance Evaluation Averages (number of marks):
                   Performance : 2.0 (1)      Behavior : 2.0 (1)                  OTA : 2.00 (1)

Awards and Decorations (as listed on the DD Form 214): NONE *

*Service Record indicates award of the National Defense Service Medal

Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

20030106:        Team Leader, Mental Health Services, Naval Ambulatory Care Center, Groton, recommended to Commanding Officer, Naval Submarine School, that the Applicant be administratively separated.
200301 2 0 :        Retention Warning: Advised of deficiency ( Post traumatic stress disorder, moderate, EPTS, Nicotine dependence, alcohol dependence. ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

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

 2003010 3 :        Mental Health Services, Naval Ambulatory Care Center Groton, CT , CAPT B. J. D_-A_, MC, USN . Applicant was referred to psychiatry for evaluation of self-mutilation and PTSD.
         SOURCE OF INFO: Patient, medical and psychiatric records. Patient is reliable.
         CC: “I cut myself’
         HPI: The patient reports having a car accident around the 10th of August 2002, around 2300, at a high rate of speed while driving with 2 occupants, male friends of 16 and 17 yo. No one was injured, but the car was severely damaged. He had no immediate reaction, and “was not scared”, but two hours later, he became shaky and started reliving the accident and ruminating about the possibility of injuring his friends and became very distraught. He thought about suicide but because of considerations for his family he did not act on this thought but, about one week after the accident, he cut himself on the left arm and forearm, making superficial lacerations in one occasion. He also started having recurrent nightmares shortly after the accident.
         He joined the Navy shortly after the accident. He did well during basic training and had no symptoms. He reported to Groton on 25 October 2002, and became to have some difficulties with his studies: he “could not keep up”. Progressively, the nightmares returned and became frequent, every night and the patient relived the accident during these dreams. They also had “violent” content. Suicidal thoughts returned and around the 16th of December, the patient cut his left forearm to a depth requiring stitches (~2 cm x 0.5 cm) and leading to a 3-day hospitalization at L & M where he was diagnosed with PTSD and was started on Zoloft 25 mg po qam. Since, he has had no further SI or gesture. He returned home on 18 December 2002 until the 27th December 2002.
         Prior to his hospitalization and while on leave at home, he was able to talk about the accident but avoided looking at his car in storage at home, using the road on which the accident occurred as they cause distressing recollections of the accident. He continues to have disturbing dreams, but not every night. He, sometimes, wakes up in tears, trembling and sweating. He tried to suppress intrusive thoughts but with variable success, however, he is able to talk about the accident without major distress.
         He denies anhedonia, black-outs or flashbacks, irritability, exaggerated startle response, hypervigilance, but endorses difficulty concentrating and variable sleep, as little as 2 hours to 12 hours per night.
         The patient denies poor self-esteem, appetite changes, suicidal and homicidal ideations or plans. The patient denies having hallucinations, delusion, obsessions or compulsions and binging or purging.
         Current stressors: Military routine, SubSchool.
         PAST PSYCH HX: This episode is the 1st contact with Mental Health. No previous suicide attempt or self-injurious behavior (see HPI). …
         FAM HX (incl. psych hx.): Depression (Father), THC addiction, ADHD (brother). …
         SUBSTANCE USE/HABITS:
         C-A-G-E-; Alcohol: hard liqueur x 6 months prior to joining the Navy, currently, one wine cooler during parties.
         Nicotine: 1 ppd up to 3 ppd after the MVA, currently 1-2 ppd
         Illicit drugs: experimented with THC while in HS. [ NDRB Note: Applicant denied pre-service drug use on pre-induction physical and security clearance application. ]
         OTC meds/Herbal remedies/Supplements: Ibuprofen for rare headaches (mild)
         Caffeine: 3-4 softdrinks/days (12 oz)
         Gambling: N/A
         SOC/DEV HX:
         The patient is the 3d of 3 born of an intact union. The patient was raised in Panama until age 6 yo, and then Louisiana in a small town near Lafayette, participated in social activities, but never had a girlfriend. He was sent to military school to repeat 8th grade. After one year he resumed public HS. He spent the 12th grade year living with his sister who helped him with his studies. He completed High School and joined the Navy. His father was an USAF Captain, but was discharged because of Depression. Currently, he is a teacher in a vocational class. Mother is a nurse. Sister is in college. Brother is at home, works as a clerk.
         The patient denies abuse, but father was often angry and was verbally and at times physically abusive….
         IMPRESSION: … symptoms consistent with Post-traumatic Stress Syndrome (PTSD) that started immediately after a Motor Vehicle Accident (MVA) that occurred prior to entering the Navy. His symptoms were significantly reactivated while undergoing Submarine School, leading to another episode of self-mutilation, the first episode occurred after the MVA. Prior to joining the Navy, he has a significant history of alcohol consumption, currently in remission. He has Nicotine dependence. He has no other medical condition. Family History is positive for Mood Disorder (Depression) and cannabis abuse.
          Currently, the patient is not suicidal, homicidal, psychotic or unable to care for himself.
         Psychologically, he is at some risks for character pathology manifested by poor self-esteem and impulsivity as well as inability to control the effects of mood instability. Socially, he has some difficulties with his work (duties), but is well supported by friends and reports good family relationships.
          DIAGNOSIS: AXIS I: Post Traumatic Stress Disorder, Moderate, EPTS (doubt Mood Disorder) .
         Nicotine Dependence . Alcohol Abuse (History of) .
         AXIS II: Deferred (borderline and avoidant traits) .
         AXIS III: Status Post lacerations L forearm .
         AXIS IV: Occupational stress.
         AXIS V: GAF= 65 .
          Plan: …Medications: Increase Zoloft to 50 mg po qd because of persistent nightmares…
         Fitness for Duty: Administrative separation for a condition that is preexisting to his entry in the Navy and that is affecting significantly the performance of his duty and, although treatable, it is likely to be exacerbated when the patient is under the pressure of routine military duties.

Elements of Discharge: [ IN VOLUNTARY]

Discharge Process :                                  NOTIFICATION PROCEDURE
Date Notified :                                        20030123
Reason for Discharge                               
Least Favorable Characterization:                          ENTRY LEVEL
Date Applicant R esponded to N otification:                 20030123
Rights E lected at N otification :
Consult with Counsel                      
Administrative Board                      
Obtain Copies                             
Submit Statement(s) (date)                               
GCMCA Review                               

Commanding Officer R ecommendation (date):        NOT APPLICABLE
Separation Authority (date):      CO, NAVAL SUBMARINE SCHOOL ( 20030 221)
R eason directed :                                             
Characterization directed:       ENTRY LEVEL SEPARATION
Date Applicant Discharged:                         20030319


Additional Information Considered by Board

 Type of d ocumentation submitted by t he Applicant and considered by the Board
        Document Type                                        #Pages
 Related to Period of Service Under Review :
          Service/Medical Record :                              11
         Other Period of Service:                                    0
Related to Post-Service Period:
          Community Service :                                   0
         Education :                                           0
         Employment :                                          0
         Health /Medical :                                       5
         Character Statements:                               0
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:             1
Other Documentation      (Describe Below)                 3

Total Number of Pages:                              20

D escription of Other Documentation: Ltr from Applicant’s father              

Discussion

Issue(s) 1 and 2 : either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Board for Correction of Naval Records and/or the Department of Veteran Affairs may be able to address Issue 1 . The Applicant is directed to the Addendum regarding . Regarding Issue 2, the NDRB’s authority is limited to review of the propriety and equity of the Applicant’s discharge, not to personnel assignment policy and decisions.

Decisional Issues:

Issue 3 ( ). The record is regular on its face, and indicates that the Applicant was properly notified of his right to consult with counsel regarding the proposed separation , and that he waived that right. There is no evidence of any impropriety, fraud or duress in the Applicant’s notification and acknowledgment of rights regarding his proposed separation. Relief is not warranted on this issue.

 Issue 4 ( ). By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during his 7 months in the military to warrant a change of discharge to honorable. The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge. The Board noted that, in light of the Applicant’s pre-service denial of illegal drug use and his in-service admission of such use, it may be that separation for the reason of a fraudulent enlistment could have been the reason for separation instead of entry level performance and conduct. Relief is not warranted on this issue.

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.
Minority Opinion


Pertinent Regulation/Law

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until
25 January 2004, Article 1910-154, SEPARATION BY REASON OF ENTRY LEVEL PERFORMANCE AND CONDUCT.
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. 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

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