Upgrade.Vet

NAVY | DRB | 2007_Navy | ND0700309

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

ex-HN, USN
ND07-00309

Current Discharge and Applicant’s Request

Application Received: 20070118 Characterization Received:
Narrative Reason: PERSONALITY DISORDER Authority: MILPERSMAN 1910-122

Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. Inequitable Discharge- separation based on medical d iagnosis , not misconduct


Decision

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

Date: 20 071025                                     Location: Washington D.C.

Discussion

Issue 1 - ( ). The Applicant contends that her discharge was inequitable because it was based on a medical disability and not due to any misconduct on her behalf ; therefore, an honorable characterization is warranted . The Applicant was diagnosed with "Borderline Personality Disorder" on 25 February 2004 by a Staff Psychologist at the Unite d States Naval Hospital , Guam, and was recommended for expeditious administrative separation from the Navy .

Pursuant to MILPERSMAN 1910-304 it is appropriate to characterize a member’s service as honorable when the quality of the member’s service has generally met the standard of acceptable conduct and performance for N aval personnel, or is otherwise so meritorious that any other character ization o f service would be clearly inappropriate . A discharge with a characterization of general (under honorable conditions) is warranted when there are significant negative aspects of a member's conduct or performance that outweigh the positive aspects as shown in the member's military record. Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval service . T he Applicant’s service / medical record documents show the following: 1) The evaluations reflect acceptable standard of conduct and performance with improvement in her o verall trait average f rom 3.0 to 3.33 during the period that she served on active duty and , 2) no page 13 counseling’s or disciplinary action was taken against Applicant during her enlistment . After a thorough review of the records, facts, and circumstances unique to this case, NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant’s service. The Board’s determined that the character ization of the discharge shall change, but the narrative reason for discharge shall not change .

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, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, t he Board found that the discharge was proper but not equitable in the characterization of service.

Summary of Service
Prior Service:
Inactive: US N R (DEP)      20010628 - 20010724              Active:
Period of Service Under Review:
Date of Enlistment: 20010725               Years Contracted : ; Extension:                   Date of Discharge: 20040405
Length of Service : 02 Yrs 08 Mths 11 D ys          Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 44          Highest Rank /Rate : HN
Evaluation marks (# of occasions):       Performance: 3.3 ( 3 )       Behavior: 3.2 ( 3 )          OTA: 3.22
Awards and Decorations ( per DD 214): OVERSEAS SERVICE RIBBON(2), HUMANITARIAN SERVICE MEDAL, NATIONAL DEFENSE SERVICE MEDAL

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

20040225 :        Medical Record: Reason for visit: Psychological Evaluation.
         Diagnosis: Borderline personality disorder.
         Recommendation: Expeditious administrative separation for unsuitability. Applicant unable to adapt to the demands of a military environment

Discharge Process

Date Notified:                                       20040301
Reason for Discharge:     -
Least Favorable Characterization:

Date Applicant Responded to Notification:                  2004030 1
Rights Elected at Notification:
         Consult with Counsel
         Obtain Copies of Documents
         Submit Statement(s) (date)
         Administrative Board
         GCMCA review

Commanding Officer Recommendation (date):
Separation Authority (date):     COMMANDING OFFICER, U.S. NAVAL HOSPITAL, GUAM ( 20040302 )
Reason for discharge directed: -
Characterization directed:
Date Applicant Discharged:       20040405

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)

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 | 2009_Navy | ND0901839

Original file (ND0901839.rtf) Auto-classification: Denied

Representation: 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 service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...
NAVY | DRB | 2010_Navy | ND1000859

Original file (ND1000859.rtf) Auto-classification: Denied

Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. ...
NAVY | DRB | 2011_Navy | ND1101973

Original file (ND1101973.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20050517 - 20060109Active: Period of Service Under Review: Date of Current Enlistment: 20060110Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20090413Highest Rank/Rate:HM3Length of Service:Year(s)Month(s) 04 Day(s)Education Level:AFQT: 54EvaluationMarks:Performance:4.0(3)Behavior:3.3(3)OTA: 3.66Awards and Decorations (per DD 214):...
NAVY | DRB | 2009_Navy | ND0901771

Original file (ND0901771.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20020122 - 20020129Active: Period of Service Under Review: Date of Current Enlistment: 20020130Age at Enlistment: Period of Enlistment: YearsExtensionDate of Discharge:20040517Highest Rank/Rate: HNLength of Service: Year(s)Month(s)18 Day(s)Education Level:AFQT: 69EvaluationMarks:Performance:3.0(1)Behavior:2.0(2)OTA: 2.0Awards and Decorations (per DD 214):Periods of...
NAVY | DRB | 2007_Navy | ND0700111

Original file (ND0700111.rtf) Auto-classification: Denied

The Applicant was seen by competent medical authority on four separate occasions resulting in his diagnosis of personality disorder. All of the Applicant’s performance evaluations were not found in the records. Discharge Process Date Notified: NOT FOUND IN RECORDReason for Discharge:Least Favorable Characterization: Date Applicant Responded to Notification:NOT FOUND IN RECORDRights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s)...
NAVY | DRB | 2010_Navy | ND1000616

Original file (ND1000616.rtf) Auto-classification: Denied

Representation: 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 service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...
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 | 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 | 2007_Navy | ND0701069

Original file (ND0701069.rtf) Auto-classification: Denied

The Board voted 5-0 that the characterizationof service shall change to HONORABLE and by a vote of5-0 that the narrative reason shall remain PERSONALITY DISORDER.Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 20 June 2005 until Present, Article 1910-122, Separation By Reason of Convenience of the Government - Personality Disorder, states: “ The characterization for separation is Honorable, unless an EntryLevel Separation or General (Under Honorable Conditions) is...
USMC | DRB | 2013_Marine | MD1301794

Original file (MD1301794.rtf) Auto-classification: Denied

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. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found...

Search Decisions

Decision Text

NAVY | DRB | 2007_Navy | ND0700309

Similar Decisions