ex-SKSN, USN

                  Current Discharge and Applicant’s Request

Application Received: 20090113
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:   USNR (DEP) 20050525 - 20060213   Active:

Period of Service Under Review:
Date of Enlistment:  20060214     Age at Enlistment:
Period of Enlistment:   Years   Extension
Date of Discharge:  20080208 Highest Rank/Rate:  SKSN
Length of Service:   Year(s)     Month(s)   08 Day(s)
Education Level:       AFQT:  63
Evaluation Marks:      Performance:  3.0 (3) Behavior:  2.3 (3)     OTA:
2.83

Awards and Decorations (per DD 214):

Periods of CONF:

NJP:
    - 20080206:  Article 86 (Absent without leave)
      Awarded:     Suspended:


    - 20080107:  Article 86 (Absent without leave)
      Awarded: NFIR

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.  While serving watch on a bus in Dubai, a sexual incident involving a
foreign driver occurred, resulting in Post Traumatic Stress Disorder
(PTSD).

Date:  20090604        Location:  Washington D.C.  Representation:

By a vote of  the Characterization shall  .
By a vote of  the Narrative Reason shall  SECRETARIAL AUTHORITY.

                                 Discussion

:  (Decisional) ()  . The Applicant is seeking an upgrade of her discharge
characterization to Honorable based on the contention she began
experiencing loss of appetite and insomnia, attempted suicide, and was
diagnosed with PTSD after sexual advances were made towards her by a
foreign national driver while she served as watch stander on a bus for
service members in Dubai.  The NDRB, under its responsibility to examine
the propriety and equity of an Applicant's discharge, will change the
characterization of service and/or reason for discharge if such a change is
warranted.  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 evidence of record reflects that the Applicant has been seen by mental
health providers since June 2007.  The Applicant submitted some medical
documentation for the Board’s consideration, including a chronological
record of medical care from the Adult Psychiatry Clinic, Naval Branch
Clinic, San Diego of 25 September 2007, which indicates the following: 1)
the Applicant was evacuated from ship after five months of a seven-month
deployment because the medical department viewed her overdose of Nyquil as
a suicide gesture; 2) she was subsequently hospitalized in an inpatient
psychiatric ward for five days; and 3) she reported having very bad
nightmares pertaining to alleged childhood sexual abuse following a sexual
incident that occurred while she was on bus watch in Dubai.  As per the
Naval Medical Center, San Diego, California Department of Mental Health
narrative summary of 31 October 2007, the Applicant was diagnosed with PTSD
(delayed onset), depressive disorder and personality disorder and was found
not fit for full duty.  The Applicant’s service included two non-judicial
punishments (NJPs) for violations of the Uniform Code of Military Justice
(both occurred after the bus incident):  Article 86 (unauthorized absence
(UA) - 3 specifications totaling 16 days).  The Head of Congressional
Affairs letter of 12 May 2008 indicates the Applicant was escorted to
Mental Health for a follow-up appointment as a result of her UAs.  Per the
Commanding Officer, Navy Region Southwest Transient Personnel Command
letter of 07 February 2008, the Applicant was separated by reason of
convenience of the government due to a personality disorder and given a
characterization of General (Under Honorable Conditions).

In regard to the Applicant’s request for an upgrade based on her diagnosis
of PTSD, a discharge may be deemed inequitable when it is determined that
policies and procedures under which an Applicant was discharged differ in
material respects from policies and procedures currently applicable on a
service-wide basis, provided that the current policies and procedures
represent a substantial enhancement of rights afforded to the Applicant and
there is substantial doubt that the Applicant would have received the same
discharge if relevant current policies and procedures had been available to
the Applicant at the time of the discharge proceedings.  Pursuant to
MILPERSMAN (1910-122, CH- 23), members diagnosed with PTSD or traumatic
brain injury (TBI) may no longer be separated based on a personality
disorder.  The Board concluded unanimously the Applicant's case falls
within the above equity provision.

Based on a review of the Applicant’s service record, statement, facts
unique to this case, and mitigating factors such as the short duration of
the Applicant’s UAs and her mental state at the time of discharge, the
Board also voted unanimously to change the characterization of discharge.

Summary: After a thorough review of the available evidence, to include the
Applicant’s summary of service, service record entries, discharge process
and evidence submitted by the Applicant, the Board found the discharge was
proper at the time of discharge, but under current policy her discharge is
improper.  The Board also determined the characterization of service was
inequitable at the time of discharge.  Therefore, the awarded
characterization of service shall change to Honorable and the narrative
reason for separation shall change to Secretarial Authority.

                          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.  Naval Military Personnel Manual, (NAVPERS 15560D), Change 23, effective
29 May 2008 until Present, Article 1910-122, Separation By Reason of
Convenience of the Government - Personality Disorder(s).

C.  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 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 NDRB 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