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NAVY | DRB | 2006_Navy | ND0601139
Original file (ND0601139.rtf) Auto-classification: Denied

ex-AR, USN
ND06-01139

 Current Discharge and Applicant’s Request :

Application Received:                               20 060829
Characterization of Service:                      
Narrative Reason for Separation:                          
Discharge Authority :                                MILPERSMAN 3620200
Last Duty Assignment/ Command at Discharge:       USS CARL VINSON (CVN 70)

Applicant’s Request:    
         Characterization change to:              
         Narrative Reason change to:              
         Review Requested:                         
Representation:                                             


Decision:

 Date of Decision:                                            20 070727
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:        
(BCD only) The Board found that clemency was:  

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

Applicant’s Issues as Summarized by the Board:
1. Re-entry into military service.
2 . The Applicant claims she never had a personality disorder.



Summary of Service :

Prior Service:
 Inactive: USNR (DEP)                                19960820 - 19970617
Active: NONE
Period of Service Under Review :
Date of Enlistment:                                 19970618
Years Contracted :                                  
Date of Discharge:                                  19971121
Length of Service:                                  00 Yrs 05 Mos 04 Days Does not exclude lost time, if any.
Time Lost During This Period:                     

Education Level:                                   
Age at this Enlistment:                                    
AFQT:                                                 58
Highest Rate/Rank:                                   AR

Performance Evaluation Averages (number of marks):
 Performance :                                         N/A
Behavior :                                            N/A
OTA :                                                   N/A

Awards and Decorations (as listed on the DD Form 214): NAVY RIFLE MARKSMANSHIP RIBBON



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

NONE


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

 19971115 :        Mental Health Evaluation was conducted at Naval Hospital Bremerton on 19971024 .
          Diagnosis:
          a. Adjustment disorder with depressed mood.
         b. Immature personality.
         Recommendation: Entry Level Separation due to applicant’s “inability to adapt to the USN: and her reaction to the Navy which impairs her occupational functioning such that she will not be able to serve the Navy’s needs. The applicant is not suicidal or homicidal at present, but has a personality disorder of such magnitude that it makes her at risk for acting impulsively and self destructively under the routine stressors of Naval service. She is an imminent risk to harm herself if retained in the U. S. Navy. Processing for expeditious Entry Level Separation in accordance with reference (a) and (b) is strongly recommended.


Elements of Discharge: [ IN VOLUNTARY]

Discharge Process :                                 
Date Notified :                                        19971119
Reason for Discharge              due to:

Least Favorable Characterization:                         
Record Supports Narrative Reason :                         
Date Applicant R esponded to N otification:                 19971119
Rights E lected at N otification :
Consult with Counsel                      
Administrative Board                      
Obtain Copies                             
Submit Statement(s) (date)                               
GCMCA Review                               

Separation Authority (date):      COMMANDING OFFICER, USS CARL VINSON (CVN 70) ( 19971207 )
Narrative reason directed :                                  
Characterization directed:       UNCHARACTERIZED
Date Applicant Discharged:                         19971121



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 :                              1
         Other Period of Service:                                    0
Related to Post-Service Period:
          Community Service :                                   0
         Education :                                           0
         Employment :                                          0
         Health /Medical :                                       0
         Character Statements:                               0
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:             0
Other Documentation      (Describe Below)                 0

Total Number of Pages:                              1

D escription of Other Documentation:
             


Discussion:

Issue(s) 1 : T he Board determined that which can form the basis of relief for the Applicant or that the Board did not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding .

Decisional Issues:

Issue 2 ( ). The Applicant was diagnosed “ Personality Disorder of such magnitude that it makes her at risk for acting impulsively and self destructively under the routine stressors of Naval service” by competent medical authority at the Naval Hospital Bremerton and was recommended for expeditious entry level separation from the Navy. Thus, the Board finds that the Reason for Discharge reflects the Applicant’s mental health status at the time of her discharge, and was proper and equitable at the time of issuance. “Personality Disorder” is an accurate narrative description of the reason for the Applicant’s discharge. The statement from the Applicant that the personality disorder never existed does not provide a legitimate basis to revise official records that were accurate at the time of issuance. Relief denied .

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 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 her less than 6 months in the military to warrant a change of discharge to general (under honorable conditions) .

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 equivalents of an honorable or general (under honorable conditions) 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.


Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 03 October 1996 until 11 December 1997, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER.

 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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