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NAVY | DRB | 2008_Navy | ND0801408
Original file (ND0801408.rtf) Auto-classification: Denied

ex-GSM3, USN
Current Discharge and Applicant’s Request
Application Received: 20080618
Characterization of Service Received:
Narrative Reason for Discharge: CONVENIENCE OF THE GOVERNMENT DUE TO
Authority for Discharge: MILPERSMAN

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

Summary of Service

Prior Service:
Inactive: US N R (DEP) 20010726 - 20010730                 Active:

Period of Service Under Review:
Date of Enlistment: 20010731     Period of E nlistment : Years Extension          Date of Discharge: 20040331
Length of Service : Y ear s M onth s 00 D a ys       Education Level:        Age at Enlistment:      AFQT: 50
Highest Rank /Rate :       GSM3      Evaluation M arks: Performance:    2.5 ( 2 )   Behavior: 2.5 ( 2 )         OTA: 2.67
Awards and Decorations ( per DD 214):

Periods of UA /C ONF :

NJP :
- 20020820 : Art icle 86 ( UA, f ailure to report to appointed place of duty )
Article 91 (I nsubordination )
Article 117 (P rovoking speech and gestures )
Article 128 (A ssault )
Awarded : Susp ended :

- 20020502 : Art icle 89 (D isrespect to a superior commissioned officer )
Article 91 (F ailure to obey a rule or regulation )
Article 134 (Fr aternization )
Awarded : Susp ended :

S CM : SPCM: C C :

Retention Warnings:
- Undated : For disrespect to a superior commissioned office, failure to obey a rule or regulation and fraternization.

Administrative Corrections to the Applicant’s DD 214

 The NDRB did note administrative error(s) on the original DD Form 214:
         “ PERSONALITY DISORDER ”
The NDRB will recommend to the C ommander, Navy Personnel Command , that the DD 214 be corrected as appropriate.







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 :

Other Documentation (Describe) :

Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 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 .

C. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 89 and 91 .




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

Applicant’s Issues

 1. Reenlistment opportunities.
2. Separation was too hasty.
3 . Post-service conduct.

Decision

Date: 20 08 1023             Location: Washington D.C .        R epresentation :

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

 : 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 , specifically the paragraph concerning , regarding this Issue.
: ( ) . The Applicant contends he is entitled to a discharge upgrade due to the hasty nature of his discharge. 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. The Applicant’s re cord of service was marred by one retention warning and two NJPs during 2002 for violations of the Uniform Code of Military Justice (UCMJ) : Article 86 ( UA, f ailure to go to appointed place of duty); Article 89 (Disrespect to a superior commissioned officer); Article 91 (Insubordination); Article 117 (Provoking speech and gestures); Article 128 ( Assault ); and Article 134 (Fraternization). These violations are considered serious offenses, punishable by punitive discharge and confinement if adjudicated and awarded by a special or general court-martial. The Command decided not to pursue a punitive or administrative separation but opted instead to retain the Applicant in the Navy.

The Applicant was subsequently evaluated by a psychiatrist on 30 March 2004. The psychiatrist strongly recommended expeditious separation due to a “disorder of character and behavior so severe that he is unsuitable for duty.” The evaluation further stated the Applicant “is a high risk for self-harm if retained. ” The NDRB determined the Applicant was equitably discharged due to a personality disorder diagnosed by competent medical personnel. The Applicant’s record of misconduct, even though not the reason for his misconduct, was equitably considered by the Applicant’s command in determining the characterization of the Applicant’s service. For the edification of the Applicant, a “General (Under Honorable Conditions)” is appropriate if the member’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance outweighs positive aspects of the member’s military record. The NDRB recognizes the Applicant’s misconduct as a significant negative aspect which outweighed the positive aspect of his service record and determined the awarded discharge characterization was appropriate; an upgrade would be inappropriate.

: ( ) . The Applicant contends he is entitled to a discharge upgrade because of his post-service conduct. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation, which provides a discharge may be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service. Outstanding post-service conduct, 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, is considered during Board reviews . Documentation to help support a post service conduct upgrade includes, but is not limited to: a verifiable continuous employment record ; marriage and children’s birth certificate (if applicable); character witness statements; documentation of community or church service ; certification of non-involvement with civil authorities ; evidence of financial stability or letters of good standing from banks, credit card company’s, or other financial institutions; and documentation of a drug free lifestyle. The Applicant is advised that completion of these items alone does not


guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case by case basis to determine if post service conduct mitigates the reason for the characterization of discharge.

The Applicant submitted evidence with DD-293 Application showing enrollment and good progress in college, a character reference, and a diagnosis by the Veteran’s Administration (VA) showing the Applicant no longer suffers from a diagnosable personality disorder. While the Board applauds the Applicant’s efforts they need to be more encompass ing to warrant an upgrade. The Applicant could have produced additional evidence as stated in the above paragraph with the full understanding completion of these items alone does not guarantee an upgrade. The Board determined the characterization of service received, “General (Under Honorable Conditions)”, was an appropriate characterization considering the time served and the UCMJ violations involved, and based on the limited post service documentation provided an upgrade would be inappropriate.
The NDRB did not consider the VA diagnosis showing the Applicant had no current mental health problems as this diagnosis does not rebut the previous diagnosis made while on active duty, nor does it indicate anything about the Applicant’s post-service conduct. However, t he NDRB advises the Applicant to include the VA diagnosis as evidence in petitioning the Board of Corrections for Naval Records for an RE code change, or in requesting a waiver to reenter the Navy.

After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found


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 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 or for any basis wherein an Other Than Honorable Discharge is authorized, 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 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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