Search Decisions

Decision Text

NAVY | DRB | 2008_Navy | ND0801887
Original file (ND0801887.rtf) Auto-classification: Denied

ex-FR, USN
Current Discharge and Applicant’s Request
Application Received: 20080916
Characterization of Service Received:
Narrative Reason for Discharge: ERRONEOUS ENTRY (OTHER)
Authority for Discharge: MILPERSMAN

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

Summary of Service

Prior Service:
 Inactive: USNR (DEP) 20060317 - 20060605        Active:

Period of Service Under Review:
 Date of Enlistment: 20060606      Age at Enlistment:
Period of Enlistment : Years Extension
Date of Discharge: 20060724       Highest Rank/Rate: FR
Length of Service: Years Months 19 D ays
Education Level:         AFQT: 49
Evaluation Marks: Performance: NFIR Behavior: NFIR OTA: NFIR

 Awards and Decorations (per DD 214):     NONE
Periods of UA/CONF:

Medical Record:
        - 20060712: DOD-VA Psychiatric Liaison, Mental Health Department, Naval Hospital, Great Lakes, IL
AXIS I: Adjustment Disorder with Mixed Disturbance of Emotions and Conduct, EPTE, NSA.
 AXIS II: Personality Disorder NOS with Antisocial and Narcissistic Behavior, EPTE, NSA.

NJP: SCM: SPCM: CC:

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 Representation:     From Congress member:

Other Documentation:






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

Applicant’s Issues
1. Reenlistment opportunity.
2. Unjust discharge.

Decision

Date: 20090114                  Location: Washington D.C.        R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall ERRONEOUS ENTRY.
Discussion

With respect to non-service related administrative matters, i.e., Department of Veteran Affairs (DVA) benefits, civilian employment, etc., an uncharacterized separation shall be considered as the equivalent of an “Honorable” or “General (Under Honorable Conditions)” characterization.

: 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 s, regarding .

: ( ) . The Applicant contends his discharge was unjust due to the fact his Petty Officer at Boot Camp got tired of the Applicant telling him someone was writing on his pants and the mistreatment he received was due to the color of his skin. 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 was discharged because of his inability to adapt to the stressors of the military as evidenced by poor sleep, decrease in appetite and energy levels, hopelessness, helplessness and suicidal ideation. A Memorandum from the DoD - VA Psychiatric Liaison, Mental Health Department, Naval Hospital, Great Lakes, Illinois, states “The Applicant was psychiatrically hospitalized on 09 July 2006 in the inpatient psychiatric unit at the North Chicago VA Hospital because he was depressed and threatened suicide if he could not go home.” Two days later on 11 July 2006, the Applicant was seen again by Mental Health Staff; it was noted the Applicant kept on insisting he just does not like being in the Navy, that he is not going to do what he is told and that he has to go home, now. Despite redirection and education, the Applicant did not want to understand the responsibility of signing a contract or the necessary time required to process papers for a separation or other related matters.

The Applicant was diagnosed as having adjustment disorder with mixed disturbances of emotions and conduct. In addition, he has a personality disorder, not otherwise specified, with antisocial and narcissistic traits. Also, in light of life long conduct behavior problems, lack of responsibility and disregard for authority, impulsivity and past suicidal gestures, it was recommended the Applicant receive an Entry Level Separation. If maintained on active duty, the Applicant may become a HIGH RISK of harm to self/others. Also of note, the Applicant admitted to trying marijuana twice during his initial consult at the psychiatric hospital. Yet, while filling out his initial enlistment screening forms, the Applicant denied using marijuana on his DD Form 2807-1 (Report of Medical History) dated 17 March 2006. The Applicant did not have a recruitment waiver for prior drug use, due to his deceit.

The Applicant has requested an upgrade to his discharge characterization to “Honorable”. For the edification of the Applicant, an “Uncharacterized” description shall be used when separation is within the first 180 days of continuous active duty service unless separation for misconduct, fraudulent enlistment, or homosexual conduct is authorized and when characterization of “Under Other Than Honorable Conduct” is warranted. In cases where an Entry Level Separation applies, a discharge characterization of “Honorable” has to be clearly warranted by the presence of unusual circumstances involving personal conduct and performance of military duty and is approved on a case-by-case basis by the Secretary of the Navy. The Applicant provided no documentation to support an upgrade to “Honorable” and there is no evidence in the service record an “Honorable” was warranted. The Board determined the “Uncharacterized” 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

Pertinent Regulation/Law

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 20 June 2005 until Present, Article 1910-130, SEPARATION BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS - ERRONEOUS ENLISTMENT.
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 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 | 2009_Navy | ND0900380

    Original file (ND0900380.rtf) Auto-classification: Denied

    Besides the Applicantsstatement on the DD Form 293, she provided a character reference, congressional correspondence and a recent psychiatric diagnosis of her current condition, stating there is no evidence of a diagnosis for personality disorder.The Board applauds the Applicant for her success in life now and wishes her the best in future endeavors.Although the Applicant has made great strides over-coming difficult situations and stressors in her life, the Board has determined that the...

  • NAVY | DRB | 2009_Navy | ND0900927

    Original file (ND0900927.rtf) Auto-classification: Denied

    discharge. ” 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 within 15 years of the Applicant’s date of discharge. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.

  • NAVY | DRB | 2007_Navy | ND0700371

    Original file (ND0700371.rtf) Auto-classification: Denied

    The Applicant’s service/medical records show the following: 1) on 20 June 2003, Applicant completed a DD form 2807 - Report of Medical History, and checked “no” on block 40, indicating that he had no Psychiatric history; 2) on 13 April 2006, Applicant was hospitalized after he voiced suicidal impulses and stated that he had been harming himself in order to be discharged from the Navy; 3)on, 20 April 2006, Applicant went to NJP for an Unauthorized absence, was found guilty and awarded...

  • NAVY | DRB | 2006_Navy | ND0601198

    Original file (ND0601198.rtf) Auto-classification: Denied

    In the Applicant’s case, the characterization of service was “type warranted by service record.” In the absence of the Applicant’s performance evaluations, the Board presumed regularity and found the discharge proper and equitable. Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20050531Reason for Discharge due to: Least Favorable Characterization Authorized: Date Applicant Responded to Notification: 20050531Rights Elected at Notification:Consult with...

  • NAVY | DRB | 2009_Navy | ND0900367

    Original file (ND0900367.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated 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 Representation:From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...

  • NAVY | DRB | 2009_Navy | ND0900900

    Original file (ND0900900.rtf) Auto-classification: Denied

    Moreover, the Applicant provided no documentation that he informed his chain of command of his family problems and did not receive the assistance, leave, or help he requested. ADDENDUM: Information for the Applicant Complaint Procedures : If you believe 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...

  • NAVY | DRB | 2009_Navy | ND0901065

    Original file (ND0901065.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated 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 Representation:From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...

  • NAVY | DRB | 2015_Navy | ND1401752

    Original file (ND1401752.rtf) Auto-classification: 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 remain GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for separation shall remain MISCONDUCT. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received...

  • NAVY | DRB | 2009_Navy | ND0901283

    Original file (ND0901283.rtf) Auto-classification: Denied

    For more information, the Applicant should read the paragraph in the Addendum titled Medical Conditions and Misconduct .Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and 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...

  • NAVY | DRB | 2009_Navy | ND0901676

    Original file (ND0901676.rtf) Auto-classification: Denied

    ” 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 within 15 years of the Applicant’s date of discharge. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.