Upgrade.Vet

NAVY | DRB | 2008_Navy | ND0800024

Original file (ND0800024.rtf) Auto-classification: Denied

ex-AN, USN

Current Discharge and Applicant’s Request

Application Received: 20070927

Characterization of Service Received: ENTRY LEVEL SEPARATION

Narrative Reason for Discharge: OTHER PHYSICAL/MENTAL CONDITION-PERSONALITY DISORDER
Authority for Discharge: MILPERSMAN 3630200

Applicant’s Request:     Characterization change to:
                           Narrative Reason change to: SECRETARIAL AUTHORITY

Summary of Service

Prior Service:
Inactive: US N R (DEP)      19920122 - 19920426              Active:
Period of Service Under Review:
Date of Enlistment: 19920427      Period of enlistment : Years Extension          Date of Discharge: 19921008
Length of Service : Yrs Mths 12 D ys      Education Level:         Age at Enlistment:       AFQT: 87
Highest Rank /Rate : AN     Evaluation marks: Performance: NOB        Behavior: NOB              OTA: 3.60
Awards and Decorations ( per DD 214):

Periods of UA /C ONF :

19920917: Medical Officer Evaluation : Applicant diagnosed with (1) adjustment disorder with mixed features, (2) personality disorder, not otherwise specified. The psychiatrist recommended separation based on a personality disorder of such severity as to render the Applicant incapable of serving adequate in the naval service. Applicant was not motivated for further service and will most likely become an increasing administrative burden to her command with deteriorating performance, conduct , reliability, and judgment, and was considered self-destructive and a continuing risk of harm to self or others.

Types of Documents Submitted/reviewed

Related to Military Service:      DD 214:          Service and/or Medical Record:          Other Records:

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

Additional Statements From Applicant:             From Representat ion :              From Member of Congress:
Other Documentation (Describe) Department of Veterans Affairs Rating Decision

Pending results of hearing .

NDRB Documentary Review Conducted (date):        19990302
NDRB Documentary Review Docket Number:   ND98-00715
NDRB Documentary Review Findings:                 No change warranted

Applicant Testified:
Applicant Available for Questions:
Witnesses:
Observers:

DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

1. The Applicant claims the narrative reason f or her discharge, personality disorder, is erroneous and w arrants a change to Secretarial Authority.
2. The Applicant further opines that because her reason for discharge was incorrect and resulted in her premature separation, she warrants a fully honorable characterization of service.

Decision

Date: 20 08 0611 Location: Washington D.C R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall OTHER PHYSICAL/MENTAL CONDITIONS - PERSONALITY DISORDER .

Discussion
Issue 1 ( ) : . The Applicant claims the basis for her discharge, personality disorder, is erroneous and warrants a change to Secretarial Authority. 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.

During the hearing the Applicant presented official documents from the Department of Veterans Affairs grant ing her an evaluation of 50 percent for service connected P ost- T raumatic Stress D isorder (PTSD) which is based on a brutal sexual assault by her then boyfriend (who was also in the Navy) whom she later married. The Applicant did not report the attack and no charges were filed against the assailant. The Applicant was referred for psychiatric evaluation because she was reported as having a long history of emotional problems and difficulty in adjusting to the Navy. According to her evaluation it was noted, her chief complaint was “ They are trying to get me discharged for failure to adjust ” . The Applicant was diagnosed with a personality disorder by a competent medical authority on 17 September 1992. The Applicant insisted during her personal hearing she did not make comments to that effect and was unaware of the comments placed in her medical record by her doctor (s) . Throughout the hearing the Applicant maintained she had been ushered out of the Navy by the combined efforts of her boyfriend, the Chaplain and the medical doctors. The Applicant maintained she had no voice in the matter concerning her discharge and the events just happened very quickly.

Based on the documentation presented , along with the personal testimony of the Applicant , the Board carefully deliberated the issues and circumstances surrounding the Applicant ’ s appeal. After thorough review and consideration of t he documentation and statements provided by the Applicant , the Board determined the information presented was not sufficient to overturn the presumption the Applicant was properly diagnosed with a personality disorder by Naval medical authorities . The evidence presented and reviewed did not persuade the Board th e diagnosis , and subsequent administrative separation , were improper or inequitable. The Board determined relief was not warranted.

Issue 2 ( ) : . The Applicant further opines because her reason for discharge was incorrect and resulted in her premature separation, she warrants a n honorable characterization of service. By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a servicemember ’ s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member ’ s service. The Applicant's service record did not contain any unusual circumstances during her less than 6 months in the military to warrant a change of discharge characterization to honorable. The Board determined an upgrade was not warranted.

The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

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

Pertinent Regulation/Law

A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 04 Mar 1993, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT .

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 other medical related reasons. 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 | 2008_Navy | ND0800024

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