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NAVY | DRB | 2008_Navy | ND0801012
Original file (ND0801012.rtf) Auto-classification: Denied

ex-IS3, USN
Current Discharge and Applicant’s Request
Application Received: 20080408
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

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

Summary of Service

Prior Service:
Inactive: US N R (DEP)      19970807 - 19971123     Active:  

Period of Service Under Review:
Date of Enlistment: 19971124     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20010227      Highest Rank/Rate: IS3
Length of Service : Y ear ( s ) M onth ( s ) 04 D a y ( s )
Education Level:        AFQT: 52
Evaluation M arks:         Performance: 3.8 ( 4 )      Behavior: 2.5 ( 4 )        OTA: 3.16

Awards and Decorations ( per DD 214):      CG

Periods of C ONF :

NJP :

- 20010223 :       Article 86 (Unauthorized absence: 20010216-20010219 , 3 days)
          Art icle 107 (False official statement - 2 specifications )
         Awarded : Susp ended :

S CM : SPCM: C C :

Retention Warning Counseling :

- 20010223 :       For violation of the UCMJ Art 107 (F alse official statements ) and Art 86 (A bsence without leave ) as identified in the CO’s NJP .

Types of Documents Submitted/reviewed

 Related to Military Service:     
DD 214:         Service/ 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 Congress m ember :
Oth er Documentation :



Applicant’s Issues
1.      
Applicant w ants his reentry (RE) code changed.
2.       Claims a l ack of evidence to justify n arrative r eason for discharge (personality disorder) .
3.       Claims his r ecord of s ervice warrants an Honorable characterization.
4.       Requests p ost-s ervice activity consideration .
Decision

Date: 20090521 Location: Washington D.C. R epresentation :

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

 : (Nondecisional ) The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other branch of the Armed Forces, and 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 NDRB 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.

Issue 2 : (Decisional) ( ) . The Appl icant contends his n arrative r eason of s eparation: “Convenience of the Government: Personality Disorder, ” was inequitable due to a lack of evidence. In reviewing discharges, the Board presumes regularity in the conduct of g overnment affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant . The Applicant was seen twice by a Navy physician on 11 and 28 July 2000 f or initial screenings for panic/anxiety attacks , and was referred for psychiatric evaluation. The Applicant was evaluat ed on 27 December 2000 by a Navy c linical p sychologist. Per the evaluation, the primary diagnosis is as follows: AXIS I – a djustment disorder with anxiety and depressed mood (severe) occupational problem; AXIS II – p ersonality disorder not otherwise specified with narcissistic and antisocial features. Although the psychologist determined that the member is not considered to be mentally ill , he d id note that the Applicant manifests a long-standing disorder of character and behavior which is of such severity as to render him unsuitable for continued military service. Also, the psychologist determined that the Applicant was “judged to represent a risk to self or others if retained on active duty.” Although the Applicant exhibits no noticeable signs of continued character and behavior disorders ( i.e. , additional psychiatrist/ psychologist counseling , prescribed medication , etc.) since his discharge from the Navy, it’s the Board’s opinion that the narrative reason for separation was an appropriate characteri zation at the time of discharge based on his medical records.

Issue 3 : (Decisional) ( ) . The Applicant contends his discharge should be upgraded based on his record of service , which was good apart from a single period of misconduct. Despite a Sailor’s prior record of se rvice, certain serious offenses, even though isolate d, may warrant separation from the n aval service in order to mainta in good order and discipline. The Applicant’s re cord of service included one retention warning and one non-judicial punishment ( NJP ) for violations of the Uniform Code of Military Justice : Article 86 ( u nauthorized absence – 3 days ) and Article 107 ( f alse official statement s − leave address incorrect and being at a false location when questioned ). Although a violation of Article 107 could have been grounds to separate the Applicant, he was instead discharged due to personality d isorder . The NDRB opined that the Applicant’s misconduct was not so egregious as to warrant a General (Under Honorable Conditions) characterization based on his overall record of service in the Navy . T he refore , the NDRB voted unanimously to upgrade the characterization.

Issue 4 : (Decisional) ( ) . The Applicant contends that his post-s ervice accomplishments are worthy of consider ation for an upgrade in discharge characterization . As the NDRB granted full relief to his characterization upgrade request based on Issue #3, no further action on this Issue is required.

A fter a thorough review of the available evidence, to include the Applicant’s s ummary of s ervice, r ecord e ntries, d ischarge p rocess and materials submitted , the Board found the discharge was proper but not equitable. Therefore, the awarded characterization of service sh all be change d to Honorable and the narrative reason for separation shall remain Personality Disorder.




Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective 27 March 2000 until
13 August 2001, 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, provided 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 granted 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.
Employment/Educational Opportunities : The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB’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 NDRB 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 or is referred to a court-martial 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 special 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. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

Board Membership: The names and votes of the members of the NDRB 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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