Upgrade.Vet

NAVY | DRB | 2007_Navy | ND0700036

Original file (ND0700036.rtf) Auto-classification: Denied

FOR
ex-SN, USN
ND07-00036

Current Discharge and Applicant’s Request:

Application Received:                               20 061004
         Characterization of Service:
         Reason for Discharge :                      -
         Discharge Authority :                       MILPERSMAN 3620200
         Duty Assignment/ Command at Discharge:    rtc great lakes il

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

Applicant’s Issues :
1. Reenlistment
2. Employment opportunities
3 . Erroneous discharge reason
4. Post Service
Decision:

By a vote of the Characterization shall entry level separation.
By a vote of the Reason for Discharge shall DEFECTIVE ENLISTMENT .

Date of Decision:                                            20 070816
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:

Issues 1-2: The Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding reenlistment and employment .

Issue 3 (Propriety): The Board thoroughly examined the Applicant’s record and the applicable separation regulations in effect at the time of the Applicant’s discharge. The Applicant was processed for discharge under dual reasons of Personality Disorder and Defective Enlistment. The Separating /Convening Authority confirmed both reasons as valid and directed an Entry Level Separation. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 July 1994 unt il 23 June 1996, Article 3620225.8, states that “if separation processing is warranted for any reason in addition to personality disorder, dual processing is required. However, if the Convening Authority determines that the member committed the acts of the other reason, the member shall be separated for that reason.” T he Board concluded from this guidance that the official reason for separation in this case should be Defective Enlistment vice Personality Disorder. The Board considers this an administrative error, not an improper discharge, and will so notify the Naval Personnel Command with a recommendation to administratively correct the Applicant’s DD214. The decision of the Board should in no way be considered an opinion or finding as to whether the Applicant had or has a personality di sorder, nor should the Board’s decision be construed as an opinion about the diagnose s made by the military medical authorities regarding the Applicant’s medical condition during his active service . The Board’s decision is based solely upon its understanding of the guidance contained in the Navy’s separation regulation in effect at the time of the Applicant’s discharge as to the reason of record to be used in this case.

Issue 4 (Equity): The Applicant was separated while in Entry Level Status (generally the first 180 days of active duty). Separation under those conditions normally results in uncharacterized service. The NDRB is authorized to consider post-service factors in deciding whether to re-characterize a discharge. However, there is no law or regulation providing that a discharge may be upgraded based solely on the passage of time, good conduct, or favorable endorsements in the civilian life subsequent to leaving the service. Ordinarily, the NDRB must find that an inequity existed during the period of enlistment in question before it can grant relief. Outstanding post-service conduct is considered by the NDRB 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. The Applicant provided very limited documentation of his post-service accomplishments and conduct. The Applicant's efforts need to be more encompassing to have any influence on the character of his discharge . For example, the Applicant could have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, evidence of drug free existence, and certification of non-involvement with civil authorities. The Board found the discharge equitable, and determined that the documentation provided by the Applicant did not warrant any change to the characterization of his discharge.

Summary of Service:

Prior Service:
Inactive: USNR (DEP)                                19951026 - 19960121
Active:

Period of Service Under Review :
Date of Enlistment:                                 19960122
Years Contracted :                                   ; Extension:
Date of Discharge:                                  19960226
Length of Service
         Active:                                     00 Yrs 01 Mths 05 D ys ( d oes not exclude lost time)
         Inactive:                                            00 Yrs 00 Mths 00 D ys
         Time Lost During This Period:

Education Level:                                    16
Age at this Enlistment:
AFQT:                                                 66
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

Service Record Entries Related to Characterization of Service or Reason for Discharge

19960123 :        You are being retained in the Naval service, despite your defective enlistment and induction due to fraudulent entry into naval service as evidenced by your failure to disclose required basic enlistment eligibility information (Fighting 12/94, dismissed. Marijuana 7x, 9/92-3/93). This decision is based on the information you provided the Recruit Quality Assurance Interviewer and if it is found that additional information has not been disclosed, this waiver is void and you could be subject to other judicial or administrative proceedings. However, any further deficiencies in performance or conduct may result in processing for administrative separation.

19960212:        Recruit Evaluation Unit:
         Applicant diagnosis with a borderline personality disorder.
         Strongly recommended entry level separation due to the severe personality disorder.

Elements of Discharge: [INVOLUNTARY]

Date Notified :                                        19960216
Reason for Discharge     - DEFECTIVE ENLISTMENT
         -
Least Favorable Characterization Authorized :

Date Applicant R esponded to N otification:                 19960216
Rights E lected at N otification :
Consult with Counsel
Obtain Copies of Documents
Submit Statement(s) (date)
Administrative Board
GCMCA Review

Commanding Officer R ecommendation (date):
Separation Authority (date):      COMMANDING OFFICER, RECRUIT TRAINING COMMAND (UNDATED)
         Reason for discharge directed :             -
         Characterization directed:
Date Applicant Discharged:                         19960226

Additional Documents Submitted by Applicant and Considered By Board

Total Number of Pages:                               3

Related to Period of Service Under Review :
         From Service and/or Medical Record :                Other Records :

Related to Other Period (s) of Service:
         From Service and/or Medical Record:               Other Records:

Related to Post-Service Period:
         Employment:                                           Finances:
         Health/Medical Records:                            Substance Abuse:
         Family/Personal Status:                            Education:
        Community Service Efforts:                         References:
         Criminal Records:

Other:
         Additional Statements From Applicant :             From Representative:
        Other Documentation (Describe)

Pertinent Regulation/Law

A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 July 1994 unt il 23 June 1996, Article 3620280 , SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENT .

B. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 July 1994 unt il 23 June 1996, Article 3620225 , SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT ON THE BASIS OF PERSONALITY DISORDER .

C . 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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NAVY | DRB | 2007_Navy | ND0700036

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