Search Decisions

Decision Text

NAVY | DRB | 2008_Navy | ND0801803
Original file (ND0801803.rtf) Auto-classification: Denied

ex-HN, USN
Current Discharge and Applicant’s Request
Application Received: 20080903
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) 20011025 - 20020915        Active:

Period of Service Under Review:
Date of Enlistment: 20020916     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20070906      Highest Rank/Rate: HN
Length of Service: Y ear s M onth s 22 D a ys
Education Level:        AFQT: 69
Evaluation M arks: Performance: NFIR Behavior: NFIR    OTA: NFIR

Awards and Decorations ( per DD 214): GCM FLOC

Periods of UA /C ONF :

NJP : S CM : SPCM: C C : Retention Warning Counseling :

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 :


Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 20 June 2005 until 28 May 2008, 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 .




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

Applicant’s Issues

 1. Requested an “H onorable ” in lieu of a medical discharge.

Decision

Date: 20 090114 Location: Washington D.C .         R epresentation :

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

: ( ) . The Applicant requested an “H onorable ” discharge in lieu of a medical board. Per Navy regulations, the initiation and submission of medical boards are at the discretion of the individual physician. There is no indication in the Applicant’s record or in the documentation submitted by the Applicant that s he had a condition that was recommended or processed for a medical board by proper authority. To the contrary, an evaluation performed on 03 August 2007 by a psychologist at the U . S . Naval H ospital , G uam revealed the Applicant met the criteria for a d iagnos is of p ersonality disorder and was recommended for expeditious administrative separation due to an elevated risk of harm to her self , as was evident by suicidal thoughts and a history of su i ci de attempts .

The evidence of record indicates the Applicant suffer ed from a condition that was service disqualifying and subsequently notified of administrative separation processing for p ersonality d isorder on 06 August 2007 . Pursuant to MILPERSMAN 1910-122, a service member separated due to a p ersonality d isorder should receive an “H onorable ” characterization unless an entry level separation or “G eneral ( U nder H onorable C onditions) ” is warranted by the record of service. 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 NDRB review ed all of the available records , supporting documents, facts, e lements of d ischarge , evidence submitted by the Applicant , and circumstances unique to this case . O f interest was the lack of any disciplinary action or negative information in the record during the 4 years and 11 months of service of the Applicant which would have prevent ed a characterization of service as “H onorable ” . The NDRB concluded there was an i nequity in the Applicant’s characterization of discharge and determined an upgrade to “H onorable ” was appropriate.

A fter 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

Similar Decisions

  • NAVY | DRB | 2011_Navy | ND1101871

    Original file (ND1101871.rtf) Auto-classification: Denied

    Relief granted.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall but the narrative reason for separation shall change to SECRETARIAL AUTHORITY.The Applicant is no longer eligible for additional reviews or hearings by the NDRB. ” Additional Reviews : After a document review has been conducted, former members are eligible for...

  • NAVY | DRB | 2013_Navy | ND1300450

    Original file (ND1300450.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, discharge process, and testimony, the Board found Therefore, the awarded characterization of service shall but the narrative reason for separation shall change to with a corresponding Separation Code change to JFF. ” Additional Reviews :...

  • NAVY | DRB | 2012_Navy | ND1201520

    Original file (ND1201520.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the...

  • NAVY | DRB | 2008_Navy | ND0801104

    Original file (ND0801104.rtf) Auto-classification: Denied

    Based on the foregoing, the NDRB determined a change to the characterization was appropriate.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...

  • NAVY | DRB | 2013_Navy | ND1301059

    Original file (ND1301059.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. However, the Applicant was not notified of administrative separation processing for Condition, Not a Disability, which is the applicable narrative reason for a diagnosis of Adjustment Disorder. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB...

  • NAVY | DRB | 2011_Navy | ND1101891

    Original file (ND1101891.rtf) Auto-classification: Denied

    The Applicant was administratively processed for separation due to a personality disorder. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of...

  • NAVY | DRB | 2013_Navy | ND1301244

    Original file (ND1301244.rtf) Auto-classification: Denied

    The Applicant was afforded the opportunity to rebut his administrative separation at the time of notification, but he waived his rights and accepted his command’s recommendation of an Honorable discharge for Personality Disorder.However, per MILPERSMAN Article 1910-122, “separation for personality disorder is not appropriate when separation is warranted for any other reason….” With the Applicant’s diagnosis of Adjustment Disorder and recommendation for separation, he met the requirements for...

  • NAVY | DRB | 2014_Navy | ND1400086

    Original file (ND1400086.rtf) Auto-classification: Denied

    There is no indication in the evidence of record or in the documentation submitted by the Applicant that the Applicant was recommended for or processed for a medical board for PTSD by proper authority. The NDRB determined his discharge for Personality Disorder was proper, and no other narrative reason for separation more clearly describes why the Applicant was discharged. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal...

  • NAVY | DRB | 2009_Navy | ND0901348

    Original file (ND0901348.rtf) Auto-classification: Denied

    Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. The Applicant should be aware that, with respect to non-servicerelated administrative matters, i.e., veteran’s benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an Honorable or General (Under Honorable Conditions) discharge.Summary: After a thorough review of the available evidence, to...

  • NAVY | DRB | 2013_Navy | ND1300965

    Original file (ND1300965.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the...