Search Decisions

Decision Text

NAVY | DRB | 2009_Navy | ND0900418
Original file (ND0900418.rtf) Auto-classification: Denied

ex-MM3, USN
Current Discharge and Applicant’s Request
Application Received: 20081210
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)      19970613 - 19980127     Active:  

Period of Service Under Review:
Date of Enlistment: 19980127     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 19990326      Highest Rank/Rate: MM3
Length of Service : Y ear ( s ) M onth ( s ) 00 D a y ( s )
Education Level:        AFQT: 91
Evaluation M arks:         Performance: NFIR         Behavior: NFIR   OTA: NFIR

Awards and Decorations ( per DD 214):     

Periods of UA /C ONF :

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

Medical:
- 19990303 :       Personality disorder, not otherwise specified, with histrionic, avoidant schizotypal traits.

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 21, effective 1 September 1998 until
19 May 99, 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. Reenlistment opportunity.
2. Discharge should be for hardship, not personality disorder.
3. Ex-husband ’s conduct and mental health issues .

Decision

Date: 20 0 9 0312             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 she is entitled to a change in the narrative reason for her discharge from “ P ersonality Disorder” to “Hardship . ” 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 notes the Applicant’s record of service includes a recommendation for administrative separation based on a mental health evaluation mad e by a competent mental health professional on 03 March 1999 due to a “p ersonality disorder, not otherwise specified , with histrionic, avoidant schizotypal traits . ” In addition, the Applicant’s long-standing disorder of character and behavior was of such severity as to interfere with serving adequately in the military service. The NDRB therefore rejects the Applicant’s contention her discharge should have been due to a “Hardship” because the evidence clearly shows she was properly processed due to a personality disorder. The NDRB determined the Applicant was properly discharge d due to a disqualifying personality disorder.

: ( ) . The Applicant contends she is entitled to a change in the narrative reason for
 d ischarge because her ex-husband’s conduct and mental health issues justify a hardship discharge. The Board was able to review the spouse’ s service record and found evide nce that he did have some misconduct and mental health issues but he was not considered mentally ill. However, there is documentation in the ex-husband’s record that states the Applicant had “ problems coping with the Navy, fellow classmates and being apart from her spouse. She even threatened to beat up and kill one of the classmates.” The evidence also states the Applicant’s “level of functioning continued to get worse and she was eventually hospitalized. Soon after being released from the hospital she was separated from the USN on the diagnosis of a personality disorder .” It appears being separated affected both the Applicant and her husband and put a strain on their marriage . However , t he Board does not consider being separated from a spouse as an extreme hardship since being separated is normally encountered and resolved by other members of the Naval service. Other than her statement on the DD Form 293, the Applicant provided no evidence to support her contention that her situation me t the Hardship Status criteria per MILPERSMAN 1910-110 or that there were any extraordinary circumstances . After reviewing the record of evidence, the NDRB determined there is no justification to warrant a hardship discharge.

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

Similar Decisions

  • USMC | DRB | 2002_Marine | MD02-00669

    Original file (MD02-00669.rtf) Auto-classification: Denied

    The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. The statements all recommend that I be separated due to the stress in my life and recommended an honorable discharge.There is no basis in my record for the "General under honorable" characterization or the narrative reason of "Personality Disorder". The Board found that in the Applicant’s case, the characterization of service should have been...

  • NAVY | DRB | 2013_Navy | ND1301236

    Original file (ND1301236.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, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant is not eligible for further reviews from the NDRB. ” Additional Reviews :...

  • NAVY | DRB | 1999_Navy | ND99-00946

    Original file (ND99-00946.rtf) Auto-classification: Denied

    980413: Applicant notified of intended recommendation for discharge by reason of entry level performance and conduct - failure to adapt to the Military environment. 980715: CO, FLEASWTRACEN, San Diego advised BUPERS that applicant was discharged on 13 March 1998 [DD 214 states discharge date of 15 Apr 98] with an uncharacterized discharge by reason of entry level performance and conduct - failure to adapt to the military environment. The applicant’s discharge shall change to General Under...

  • NAVY | DRB | 2012_Navy | ND1201480

    Original file (ND1201480.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends her discharge is inequitable, because the military no longer forces service members to get anthrax and smallpox vaccines.2. ” 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. ...

  • AF | BCMR | CY2013 | BC-2012-01264

    Original file (BC-2012-01264.pdf) Auto-classification: Denied

    DOCKET NUMBER: BC-2012-01264 COUNSEL: NONE HEARING DESIRED: YES RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: The narrative reason for separation on her DD Form 214, Certificate of Discharge or Release from Active Duty, be changed from personality disorder to medical disability due to post traumatic stress disorder (PTSD), bi-polar disorder, and anxiety. She...

  • NAVY | DRB | 2012_Navy | ND1201286

    Original file (ND1201286.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.

  • USMC | DRB | 2012_Marine | MD1201085

    Original file (MD1201085.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: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

  • CG | BCMR | Discharge and Reenlistment Codes | 2004-044

    Original file (2004-044.pdf) Auto-classification: Denied

    The applicant alleged that he never had a personality disorder. of the current Personnel Manual authorizes unsuitability dis- charges for members diagnosed with one of the “personality behavior disorders … listed in Chapter 5, CG Medical Manual … .” Chapter 5.B.2 of the Medical Manual (COMDTINST M6000.1B) lists the personality disorders that qualify a member for administrative discharge pursuant to Article 12 of the Personnel Manual. Given these professional assessments; the applicant’s...

  • NAVY | DRB | 2012_Navy | ND1201795

    Original file (ND1201795.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends she should have received a medical discharge and not one for Personality 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 within 15 years of the Applicant’s date of discharge. Additionally, the NDRB has no authority...

  • NAVY | DRB | 2012_Navy | ND1200587

    Original file (ND1200587.rtf) Auto-classification: Denied

    Issue 3: (Decisional) (Propriety) RELIEF NOT WARRANTED. ” The NDRB determined the post-service evaluation does not refute the in-service diagnosis of Schizotypal Personality Disorder and further determined the narrative reason for separation was warranted. ” 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.