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NAVY | DRB | 2007_Navy | ND0700459
Original file (ND0700459.rtf) Auto-classification: Denied
ex-SR, USN
ND07-00459
Current Discharge and Applicant’s Request
Application Received: 20070222   Characterization Received:
Narrative Reason: PERSONALITY DISORDER Authority: MILPERSMAN 1910-122

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. Recruiter misrepresentations
2.       Mistreatment by Command- (h arass ed , cursed out , assigned unnecessary tasking )
3.       No misconduct/ Depression
4.       Educational benefits

Decision

 By a vote of the Characterization shall .     
By a vote of the Narrative Reason shall PERSONALITY DISORDER       .
Date: 20 071101                                             Location: Washington D.C.       

Discussion

Issue 1: The Applicant stated that her recruiter lied to her and that nothing was like her recruiter described. The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support h er issue. There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that the recruiter misled h er during the recruitment process. The Applicant’s statements alone do not overcome the government’s presumption of regularity in this case. However, even if the Applicant could s how misrepresentation on the part of the recruit er , she still would need to demonstrate how these misrepresentations re sulted in her premature discharge from the Navy . Furthermore, the Applicant would need to demonstrate how such misrepresentations would justify or serve as a defense for the Applicant’s unauthorized absence. The Applicant’s service record indicates that she was discharged due to a diagnosis of Personality Disorder .

Issue (s) 2 and 3 . The Applicant contends that her problems in the Navy are attributed to her depression, maltreatment that she encountered in the fleet (harassed, cursed out and made to perform unnecessary duties), and not due to any misconduct on her part. The Board noted that there was no evidence in the record or introduced by Applicant to support her claims of maltreatment. While Applicant may feel that this alleged maltreatment was one of th e underlying cause s of her inability to complete fulfill her obligation to the Navy, the record clearly reflects that she went on an unauthorized absence, attempted suicide, was diagnos ed as having a Personality Disorder and subsequently discharged because of this disorder . The evidence of record indicates that Applicant was accountable for her actions and should be subject to normal channels of counseling and discipline . When a service member’s performance has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service as general (under honorable conditions) 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 . While the NDRB respects the fact that the Applicant tried to “make it work,” her service is equitably characterized as general (under honorable conditions).

Issue 4. In regard to Applicant’s claim that she is unable to use her GI Bill, t he Board did not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum page regarding Employment/Educational Opportunities for additional information.

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, and Discharge Process , the Board found that

Dissenting Opinion One board member voted to change the characterization to honorable based on the Applicant’s evaluation marks , overall performance and clear diagnosis of personality disorder. An h onorable characterization is warranted when the service of a member of the U.S. Navy has generally met the standard of acceptable conduct and performance for N aval personnel. A general is warranted when significant negative aspects of the member’s performance have outweighed positive aspects of the member’s service record. T he Applicant was on active duty for one year and two months. She received an evaluation mark of 3.0 in performance, 3.0 in behavior and an overall trait average of 3.0. There w ere no formal counseling’s in her record . However, t he Applicant went on an unauthorized absence , attempted suicide , was hospitalized for a week ; and received fol low up medical/psychotherapy. She missed ship’s movement due to being hospitalized for suicidal attempt. The Navy discharged her due to personality disorder and not due to any misconduct. The commanding officer did not take Applicant to NJP for the unauthorized absence or missing ships movement. According to the record she committed no misconduct that would justify granting member a general, nor d id her performance marks justify such characterization . The Commanding officer‘s comments regarding basis for separation indicates that she was separated based on her personality disorder and no t due to misconduct. Therefore, her characterization should be changed to honorable
 .

Summary of Service

Prior Service:
 Inactive: US N R (DEP)      20001018 - 2001204               Active:
Period of Service Under Review:
 Date of Enlistment: 20001205               Years Contracted :                Date of Discharge: 20020205
Length of Service : 01 Yrs 02 Mths 01 D ys          Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 42          Highest Rank /Rate : SA
Evaluation marks (# of occasions):       Performance: 3.0 ( 1 )       Behavior: 3.0 ( 1 )          OTA: 3.00
Awards and Decorations ( per DD 214): MERITORIOUS UNIT COMMENDATION

Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge
20010705         Liberty
20010709:        Applicant began unauthorized absence 0600.

20010710:        Applicant missed ship’s movement.

 20010720         evaluation by Mental Health Clinic staff psychologists. Applicant was referred to this evaluation by medical at BMC Millington when she attempted suicide by taking approximately 15 Alleve tablets while on liberty July 01.
                  Diagnosis- Axis I: Adjustment Disorder with Depressed Mood, Axis II: Histrionic Personality Traits; R/O Personality Disorder.
                  Applicant referred to shipboard psychologist for further evaluation, treatment and disposition; will need medication management follow-up. .
20010720:        Applicant from unauthorized absence (11 days/surrendered).

20020110:        Medical Record: Reason for visit: Follow-up Appointment with Psychologist. “tried to make it work” but
“ I cant take it ” .
         Diagnosis: Personality disorder not otherwise specified borderline and hist rioni c features ;
         Plan: Psychologically fit for duty but judgment and reliability impaired, despite five months of psychotherapy and medication. Applicant accountable for her actions and should be subject to the normal channels of counseling and discipline. If and when the chain of command exhausts those, it may want to consider administrative separation provided proper documentation has been completed. NO DOCUMENTATION IN RECORD; NO PAGE 13

Discharge Process

 Date Notified:                                       20020 1 10
Reason for Discharge:     -
Least Favorable Characterization:       

Date Applicant Responded to Notification:                  20020 1 10
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, USS JOHN F. KENNEDY (CV 67) ( 20020202 )
 Reason for discharge directed:  -
Characterization directed:     
Date Applicant Discharged:       20020205

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), Change 33, effective 14 Aug ust 2001 until 21 Aug ust 2002,
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

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