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NAVY | DRB | 2007_Navy | ND0700847
Original file (ND0700847.rtf) Auto-classification: Denied
ex-YN3, USN
ND07-00847
Current Discharge and Applicant’s Request
Application Received: 20070606   Characterization Received:
Narrative Reason: PERSONALITY DISORDER   Authority: MILPERSMAN 3620200

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change to: HONORABLE
Applicant’s Issues:       1. Reenlistment Opportunities
                           2. No documentation to support his discharge
                           3. Applicant was never treated for Personality Disorder

Decision

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

Date: 20 071220                   Location: Washington D.C          R epresentation :

Discussion

 Issue 1: either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding .

Issue 2: ( ). The Applicant was diagnosed on 19961003 due to s uicidal i deations and other emotional/behavioral symptoms . Based on the Applicants suicidal ideations, competent medical authority deemed the Applicant a danger to himself or others if retained for duty and recommended i mmediate processing for Administrative Separation . On 19961006, the Applicant was notified he was being considered for administrative separation due to a personality disorder and he acknowledged these proceeding s. The Board determined that the Narrative reason for discharge was appropriate.

Issue 3: ( ). On 19961010, the Applicant was seen by competent medical authority to follow up on his 19961003
evaluation. At this appointment, psychotherapy was discussed for the future. Medical authority recommended t hat the
Applicant continue supportive counseling at the Family Service Center and that n o further follow ups at the mental clinic were
necessary ; however , the Applicant was encouraged to contact th at provider in 2-3 weeks to provide update.

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, the Board found that

Administrative Corrections to the Applicant’s DD 214

 The NDRB did note administrative error(s) on the original DD Form 214 :

         “ CONTINUOUS HO N ORABLE SERVICE FROM 1991 JAN 15 TO 1994 JUN 02 ”
        
The NDRB will recommend to the C ommander, Navy Personnel Command , that the DD 214 be corrected as appropriate.





Summary of Service

 Prior Service:
 Inactive: US N R (DEP)      19900829 - 19911014              Active:          19910115 - 19940602
Period of Service Under Review:
 Date of Enlistment: 19940603      Years Contracted : ; Extension:   Date of Discharge: 19961220
Length of Service : 1 Yrs 6 Mths 17 D ys    Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 37          Highest Rank /Rate : YN3
Evaluation marks (# of occasions):       Performance: 4.4 ( 3 )       Behavior: 5.0 ( 3 )          OTA: 4.8
Awards and Decorations ( per DD 214): NATIONAL DEFENSE SERVICE MEDAL, NAVY ACHIEVEMENT MEDAL, SEA SERVICE DEPLOYMENT RIBBON, SOUTHWEST ASIA SERVICE MEDAL (1 STAR), GOOD CONDUCT MEDAL

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

 19940428:        Medical Record: Reason for visit: Objective psychological evaluation for submarine duty
         Diagnosis: None
         Recommendation: Fit for duty
19940817:        Applicant requests Administrative Separation due to homosexuality

19950526:        Commanding Officer, USS ABRAHAM LINCOLN does not initiate separation proceeding because he does not believe homosexual conduct has occurred
19961003:        Medical Record: Reason for visit: Suicidal Ideations and other emotional/behavioral symptoms
         Diagnosis: Eating disorder, occupational problem, borderline personality disorder
         Recommendation: Applicant deemed a danger to himself or others if retained for duty. Immediate processing for Administrative Separation

19961010:        Medical Record: Reason for visit: Follow up
         Diagnosis: Applicant has a personality disorder and represents a continuing danger to himself while in the Navy
         Recommendation: Expeditiously administratively separate. Discussed psychotherapy in the future. He is recommended to continue supportive counseling at the Family Service Center. No further follow ups at the mental clinic are indicated; however the Applicant is encouraged to contact this provider in 2-3 weeks to provide update.


Discharge Process

 Date Notified:                                       19961006
Reason for Discharge:     -
        
Least Favorable Characterization:       

Date Applicant Responded to Notification:                  19961106
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):     CO, USS LAKE ERIE ( 19970111 )
 Reason for discharge directed:  -
Characterization directed:     
Date Applicant Discharged:       19961220

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 14, effective
03 Oct 1996 until 11 Dec 97, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER.

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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