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NAVY | DRB | 2006_Navy | ND0601177
Original file (ND0601177.rtf) Auto-classification: Denied
ex-SN, USN
ND06-01177
Current Discharge and Applicant’s Request:

 Application Received:                               20 060918
Characterization of Service:                       GENERAL UNDER HONORABLE CONDITIONS
Narrative Reason for Separation:                          
Discharge Authority :                                MILPERSMAN 1910-122
Last Duty Assignment/ Command at Discharge:       nttc corry station pensacola fl

Applicant’s Request:    
         Characterization change to:               HONORABLE OR LEAVE AT GENERAL
         Narrative Reason change to:               CHANGE
         Review Requested:                         
         Representation:                             
Issues (as summarized by NDRB):                    1. One isolated incident
                                                      2. Post service conduct – public service and academic achievement
                                                      3. Employment


Decision:

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

Date of Decision:                                            20 070809
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:        


Discussion

 Decisional Issues:

After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety in the discharge process. The Board voted was 5-0 that the character ization of service shall change to HONORABLE and by a vote or 5-0 that the narrative reason shall remain PERSONALITY DISORDER.

Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective 27 March 2000 until 13 Aug 2001, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s), states : “ The characterization for separation is Honorable, unless an Entry Level Separation or General (Under Honorable Conditions) is warranted per MILPERSMAN 1910-300 to 1910-308. ” The Board found no negative evaluations, counseling s or retention warning s in the Applicant’s record therefore, by unanimous vote determined that relief is warranted based on an improper characterization of service assigned on the Applicant’s original DD-214 . The characterization of service sh all be upgraded to “ HONORABLE ”. Relief granted.

With regard to the Applicant’s request to have his narrative reason for discharge changed t he NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The Applicant does not deny that he was suffering from a personality disorder at the time of his discharge from n aval service. He was diagnosed, by qualified medical officer, as possessing a long-standing disorder of character and behavior of such severity as to interfere with serving adequately in the Navy. He was considered a continuing risk to do harm to himself or others. The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a Personality Disorder. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason Separation would be inappropriate.

Summary of Service:

 Prior Service:
 Inactive: USNR (DEP)                                19990309 - 1990620
Active:                                                      

Period of Service Under Review :
Date of Enlistment:                                 19990621
Years Contracted :                                   ;
Date of Discharge:                                  20000609
Length of Service
         Active:                                      00 Yrs 11 Mths 19 D ys ( d oes not exclude lost time)
         
Time Lost During This Period:                     

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

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): NONE


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

 20000513:        Applicant found disoriented in a parking lot. Applicant was wet and may have waded into water. Applicant was brought to Gulf Breeze Hospital for evaluation. Assessment: suicide attempt. Plan: Applicant is stable fo r transfer to Biloxi VA ER.

20000522 :        Branch Medical Clinic Corry Station , Pensacola, Florida: Applicant seen by staff psychologist.
         Diagnosis:
         AXIS I: Adjustment disorder with depressed mood .
                  Relationship problem.
                  Occupational problem.
         AXIS II: Personality disorder not otherwise specified with immature and dependent features (principle diagnosis).
         Recommendation: Expeditious administrative separation is strongly recommended for convenience of the government by reason of severe personality disorder. Applicant was considered a threat to harm self or others.

Elements of Discharge: [INVOLUNTARY]

 Date Notified :                                        20000525
Reason for Discharge     due to:
Least Favorable Characterization Authorized :    

Date Applicant R esponded to N otification:                 20000525
Rights E lected at N otification :
Consult with Counsel                      
Administrative Board                      
Obtain Copies                             
Submit Statement(s) (date)                         
GCMCA Review                               

Separation Authority (date):      COMMANDING OFFICER, NAVAL TECHNICAL TRAINING CENTER, CORRY STATION, PENSACOLA ( 20000613 )
         Narrative reason directed :                         
         Characterization directed:                        
Date Applicant Discharged:                         20000609


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 :                              9
         Other Period of Service:                                    0
Related to Post-Service Period:
          Community Service :                                   0
         Education :                                           10
         Employment :                                          11
         Health /Medical :                                       0
         Character Statements:                               0
         Criminal Records Checks:                                    1
         Additional Statements from Applicant:             1
Other Documentation      (Describe Below)                 3

Total Number of Pages:                              34

D escription of Other Documentation:
        Applicant's Emergency Medical Technician license
         Letter from S_ J. F_, LMHC dated July 05, 2007
         Advantage Credit Report dated June 03, 2007


Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective 27 March 2000 until 13 Aug ust 2001,
Article 1910-122, 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 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, 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.
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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