Search Decisions

Decision Text

NAVY | DRB | 2007_Navy | ND0700111
Original file (ND0700111.rtf) Auto-classification: Denied
ex-HN, USN
ND07-00111
Current Discharge and Applicant’s Request
Application Received: 20061110   Characterization Received:
Narrative Reason: PERSONALITY DISORDER Authority: MILPERSMAN 1910-122

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1 . Characterization not reflective of her honorable service
                          

Decision

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

Date: 20 070830       Location: Washington D.C. The Board found that

Discussion

 Issue 1 : ( ). When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an Applicant’s performance and ability to conform to the military’s standards of conduct and discipline. The Applicant was seen by competent medical authority on four separate occasions resulting in his diagnosis of personality disorder. On two of these four occasions, the Applicant was admitted for medical care as a result of attempted suicide. When a Sailor ’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. A general (under honorable conditions) discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. All of the Applicant’s performance evaluations were not found in the records. However, the final report covering the period 20030716 -20040324 clearly documents below standards Military Bearing/Character and Teamwork. Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of h er contract with the Navy and falls far short of that required for an upgrade of his characterization of service.



Summary of Service

Prior Service:
 Inactive: USN R (DEP)      19990129 - 19991206     Active:         
Period of Service Under Review:
 Date of Enlistment: 19991207      Years Contracted : ; Extension:          Date of Discharge: 20040324
Length of Service : 04 Yrs 03 Mths 18 D ys          Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 67          Highest Rank /Rate : HN
Evaluation marks (# of occasions):       Performance: N/A          Behavior: N/A     OTA: N/A
Awards and Decorations ( per DD 214): GOOD CONDUCT MEDAL, NATIONAL DEFENSE SERVICE MEDAL

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

 20040209 :        Medical Record: Reason for visit: Applicant’s second psychiatric admission at Naval Hospital, Camp Lejeune. Applicant’s initial admittance on inpatient Psychiatric Service from 20030404 to 20030409 where she was given the diagnosis of depression disorder not otherwise specified and personality disorder not otherwise specified with borderline traits.
         Diagnosis: Personality disorder (primary diagnosis)
         Recommendation : Administrative separation.

20040323:        Adverse Performance Evaluation Report. Contains adverse matter in Military Bearing/Character and Teamwork.

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
Findings, by preponderance of the evidence:     NOT FOUND INRECORD
Recommendation on Separation:          NOT FOUND IN RECORD
Recommendation on Characterization:     NOT FOUND IN RECORD

Commanding Officer Recommendation (date):       
Separation Authority (date):     NOT FOUND IN RECORD
Reason for discharge directed: 
Characterization directed:     
Date Applicant Discharged:       20040324




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) Department of Veterans Affairs decision





Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug ust 2002 until 19 June 2005, 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 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

Similar Decisions

  • NAVY | DRB | 2010_Navy | ND1002094

    Original file (ND1002094.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends his discharge is improper, because it was based on an incorrect diagnosis of personality disorder.2. Representation: NONE By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of...

  • NAVY | DRB | 2012_Navy | ND1200040

    Original file (ND1200040.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: Pertinent Regulation/Law A. DEPARTMENT OF THE NAVYNAVAL...

  • NAVY | DRB | 2005_Navy | ND0501171

    Original file (ND0501171.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “Medical Discharge.” The Applicant requests a documentary record discharge review. AXIS I: Major depression, recurrent 296.30 EPTE Relationship Problem NOS, V62.81 Bereavement, V62.82 AXIS II: 301.83 Borderline Personality Disorder AXIS III: Has fibroid problems AXIS V: Current Global Assessment of Functioning:...

  • NAVY | DRB | 2007_Navy | ND0700740

    Original file (ND0700740.doc) Auto-classification: Denied

    Commanding Officer Recommendation (date): Separation Authority (date): CO, NAVAL HOSPITAL CORPS SCHOOL (20030716) Reason for discharge directed: PERSONALITY DISORDER Characterization directed: Date Applicant Discharged: 20030725 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...

  • NAVY | DRB | 2014_Navy | ND1401246

    Original file (ND1401246.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

  • NAVY | DRB | 2011_Navy | ND1100075

    Original file (ND1100075.rtf) Auto-classification: Denied

    The NDRB determined that the narrative reason for discharge shall change to SECRETARIAL AUTHORITY. As such, the NDRB determined that the characterization of service at discharge, as issued, was not indicative of the Applicant’s overall service. Summary : After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and service record entries, additional supporting documentation submitted by the Applicant, and the discharge process, the Board...

  • NAVY | DRB | 2007_Navy | ND0700309

    Original file (ND0700309.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that the discharge was proper but not equitable in the characterization of service. NAVAL HOSPITAL, GUAM (20040302)Reason for discharge directed: - Characterization directed: Date Applicant Discharged: 20040405 Types of Documents Submitted by Applicant and Considered By BoardRelated to...

  • USMC | DRB | 2007_Marine | MD0701050

    Original file (MD0701050.rtf) Auto-classification: Denied

    Therefore, the NDRB determined that the reason for the Applicant’s discharge shall change to Secretarial Authority. ” 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. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.

  • NAVY | DRB | 2011_Navy | ND1101400

    Original file (ND1101400.rtf) Auto-classification: Denied

    The Applicant wants her discharge upgraded so she can reenlist in the military.2. After a thorough review of the records and documentation provided by the Applicant, the NDRB determined that there was no evidence of an improper diagnosis of personality disorder while the Applicant was in service and saw no reason to change the narrative reason for separation. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing,...

  • USMC | DRB | 2007_Marine | MD0700403

    Original file (MD0700403.rtf) Auto-classification: Denied

    20050128 Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) (20050128) Administrative Board Commanding Officer Recommendation (date): (20050128) SJA review (date): (20050330) Separation Authority (date): COMMANDING GENERAL, 1 ST MARINE DIVISION (20050404) Basis for discharge directed: DUE TO: Characterization directed: Date Applicant Discharged: 20050408 Types of Documents Submitted by Applicant and Considered By BoardRelated to...