Search Decisions

Decision Text

NAVY | DRB | 2009_Navy | ND0900900
Original file (ND0900900.rtf) Auto-classification: Denied

ex-SR, USN
Current Discharge and Applicant’s Request
Application Received: 20090304
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN 3620200 PERSONALITY DISORDER

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

Summary of Service

Prior Service:
Inactive:         US N R (DEP)        19970430 - 19970716     Active:  

Period of Service Under Review:
Date of Enlistment: 19970717     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 19980326      Highest Rank/Rate: SR
Length of Service : Y ear ( s ) M onth ( s ) 10 D a y ( s )
Education Level:        AFQT: 50
Evaluation M arks:         Performance: NFIR         Behavior: NFIR   OTA: NFIR

Awards and Decorations ( per DD 214):     

Periods of UA /C ONF :

19980102: Mental Health Unit, Naval Hospital, Great Lakes.
         Diagnosis: Adjustment Disorder with Depressed Mood

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 18, effective 12 December 1997 until 31 August 1998, 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. W ould like the option of reenlisting.
2. Applicant claims that he suffered f amily problems – with no command support .
3. Applicant claims that he coerced by a Navy psychologist to threaten him in order to qualify for a discharge.
Decision

Date : 20 0 9 0716             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 NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such 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 Applicant’s medical record of 2 January 1 99 8 reflects that after five months of continuous active duty the Applicant was admitted to the Naval Hospital, Great Lakes P sychiatric Unit for complaints of being suicidal because he could not “get home to see my kids. ” The Applicant reported to the medical provider the following: 1) he found out at the conclusion of boot camp that his daughter had not been gaining weight , 2) he noticed marks on her body whi ch le d him to suspect she had been abused , 3) the ex-girlfriend with who he was raising the daughter wrote him a letter threatening to kill herself or the ir child , which prompted him to consult with a lawyer and report the ex-girlfriend to child protective services , and 4) upon not receiving the assistance he desired from his command , he felt trapped and his feelings of depression gradually increased . The Applicant was eventually admi tted to a psychiatric unit, diagnosed with Adjustment Disorder with Depressed Mood and recommended for expeditious separation due to his inability to adapt to stressors of military life, as evidenced by depression and suicidal ideations with a plan.

: (Nondecisional) The Applicant states he tried to reenlist but was denied by all military branches because of his reentry ( RE ) c ode , and is therefore requesting a discharge upgrade so that he can have the option of reenlisting. an issue that the Board cannot form the basis of relief for the Applicant . The Applicant is directed to the Addendum , specifically the paragraph concerning , for additional information regarding this issue .

Issues 2-3 : (Decisional) ( ) PARTIAL . The Applicant contends his discharge should be upgraded because he was going through a tough time since the birth of his daughter and his request for extended leave and relocat ion to solve his problems w as denied . The Applicant also contends that he does not have a personality disorder as was characterized and that a Navy psychologist coerced the Applicant into threatening him in order to support the Applicant’s discharge . There is no evidence in the r ecord or provi d ed by the Applicant to support any of his contentions. Moreover, t he Applicant provide d no document ation that he informed his chain of command of his family problems and did not receive the assistance, leave, or help he requested . T he medical record referenced above notes that the Applicant was recommended for administrative separation based on his depressive symptoms, neuro - vegetative symptoms and suicidal thoughts and not because of any attempts to harm his provider. Based on a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant ’ s service as he did not receive any retention warnings , nor was he the subject of disciplinary action due to misconduct during this enlistment . The Board voted unanimously to upgrade the characterization of service to H onorable ; h owever , the NDRB determined the narrative reason for discharge, Personality Disorder , was most appropriate in light of the medical evidence mentioned supra , which indicate s the Applicant did have a Personality Disorder and was judged to represent a risk of harm to himself and/ or others if retained on active duty.

Summary: After a thorough review of the available evidence, to include the Applicant’s s ummary of s ervice, medical and r ecord e ntries, and d ischarge p rocess, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain PERSONALITY DISORDER.



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 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 : 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. 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. There are veterans organizations such as the American Legion and the Association of Service Disable Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade. 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 U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. 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 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 is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended 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 BCNR can grant this type of narrative reason change.

 Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.

Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. 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 support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (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 companies, or other financial institutions; attendance at or completion of higher education (official transcripts); 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 accomplishments help demonstrate in-service misconduct was an aberration and not indicative of the member’s overall character.

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

Similar Decisions

  • NAVY | DRB | 2008_Navy | ND0801887

    Original file (ND0801887.rtf) Auto-classification: Denied

    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. ” Additional Reviews : Subsequent to a document review, former...

  • NAVY | DRB | 2009_Navy | ND0900589

    Original file (ND0900589.rtf) Auto-classification: Denied

    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...

  • NAVY | DRB | 2011_Navy | ND1100152

    Original file (ND1100152.rtf) Auto-classification: Denied

    ” On 9 Oct 2001, the Branch Head for the Mental Health Department, Naval Hospital, Jacksonville FL sent a memo to the Applicant’s Commanding Officer that included the following: “AXIS II - Personality Disorder NOS with Borderline features, severe, EPTE (existed prior to entry)…unsuitable for continued military service…considered potentially dangerous based on past history of suicide ideation and suicide attempt requiring hospitalization…recommend expeditious administrative separation. ...

  • NAVY | DRB | 2011_Navy | ND1101204

    Original file (ND1101204.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...

  • NAVY | DRB | 2009_Navy | ND0900905

    Original file (ND0900905.rtf) Auto-classification: Denied

    However the NDRB determined the narrative reason of Personality Disorder to be most appropriate in light of the medical evidence discussed supra ,which indicates the Applicant did have a Personality Disorder and was judged to represent a risk to himself or others if retained on active duty.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...

  • 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 | ND0900910

    Original file (ND0900910.rtf) Auto-classification: Denied

    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 record of service contained no documentation of misconduct, but in her case, the characterization of service should be the “type warranted by service record.” However, in the absence of the Applicant’s performance evaluations, the Board presumed regularity and found...

  • NAVY | DRB | 2010_Navy | ND1000856

    Original file (ND1000856.rtf) Auto-classification: Denied

    The Applicant contends his discharge was improper and/or inequitable.The Board conducted an exhaustive and detailed review of the Applicant’s medical and service records to determine whether his discharge and resultant characterization of service were proper and equitable in accordance with the Naval Military Personnel Manual (MILPERSMAN) in effect at the time of his separation. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal...

  • NAVY | DRB | 2010_Navy | ND1000771

    Original file (ND1000771.rtf) Auto-classification: Denied

    Based on the Applicant’s service performance and recommendations from the Naval Hospital medical staff, his command processed him for administrative separation. ” 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. There is no requirement or law that grants recharacterization solely on the issue of obtaining...

  • NAVY | DRB | 2009_Navy | ND0901225

    Original file (ND0901225.rtf) Auto-classification: Denied

    The Applicant is seeking a change in his separation code and narrative reason from “Personality Disorder” to “ Condition, Not a Disability. The Applicant wasdiagnosed with a “personality disorder ” by competent medical authority and recommended for expeditious administrative separation from the Navy two years before the date of his actual discharge.The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a Personality Disorder. ” Additional...