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NAVY | DRB | 2009_Navy | ND0900905
Original file (ND0900905.rtf) Auto-classification: Denied

ex-HM3, USN
Current Discharge and Applicant’s Request
Application Received: 20090304
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

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

Summary of Service
Prior Service:
Inactive:         US N R (DEP)        20000815 - 20010205     Active:  

Period of Service Under Review:
Date of Enlistment: 20010206     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20061218      Highest Rank/Rate: HM3
Length of Service : Y ear ( s ) M onth ( s ) 12 D a y ( s )
Education Level:        AFQT: 44
Evaluation M arks:         Performance: 3.0 ( 1 )      Behavior: 3.0 ( 1 )        OTA: 3.29
Awards and Decorations ( per DD 214):      Rifle Pistol COC

Periods of UA /C ONF :

20061121:        Naval Medical Center San Diego
                  Diagnosis: Axis I: E t HO abuse. 2. Major Depression Disorder, recurrent
                          Axis II: Borderline Personality Disorder
                          Axis III: Recent polypharmacy overdose
                           Axis IV: Familial stressors, occupational problems, relationship problems, legal (DUI)
                           Axis V: Admission: 11-20, Discharge: 51-60.

NJP : NFIR S CM : SPCM: C C : NFIR 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. Seeking upgrade for characterization of discharge to be eligible for the Montgomery GI Bill.
2. The discharge was inadequate because it was based on a personal incident resulting from a medical condition.
3 . He served over five years.
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 .
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 discharg e if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of g overnment al affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. Per the Naval Medical Center, San Diego Command Narrative Summary of 16 November 2006, the Applicant was hospitalized i n the psychiatric unit three times. During th e third visit the Applicant made a willful suicidal attempt and was noted to have the following diagnoses: Alcohol Abuser, Major Depression , and Borderline Personality Disorder. The Applicant was recommended for an administrative discharge based on his Personality Disorder. Per the DD Form 214, the Applicant was separated due a Personality Disorder and assigned a characterization of General [ Under Honorable Conditions]. The Applicant was assigned a separation code of JFX indicating he was not entitled to an administrative hearing based on his length of service and the characterization of discharge assigned.

 : (Nondecisional) The Applicant is seeking an upgrade in the characterization of service so that he can be eligible for the Montgomery GI Bill. an issue which 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 Employment/Educational Opportunities , for additional information regarding this issue.

: (Decisional) . The Applicant contends his discharge was inadequate and the narrative reason should be changed to “medical condition” because it was based on a personal incident that was caused by a medical condition and he has served on active duty over five years. The presumption of regularity was applied in this case due to the unavailability of the complete medical record. The evidence of record as referenced supra , does reflect the Applicant was experiencing recurrent depression and suicidality that were related to his Borderline Personality Disorder , which was deemed likely to be rooted in his history of child abuse. The medical records also indicate the Applicant had legal problems related to Driving Under the Influence. However, t here is no evidence in the record indicating the Applicant had been given a retention warning or was awarded punishment for violations of the Uniform Code of Military Justice. A fter 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 based on the length of service, performance evaluations, lack of military related offenses and his mental condition at the time of discharge . The Board voted unanimously to upgrade the characterization of service to H onorable . However the NDRB determined the narrative reason of Personality Disorder to be most appropriate in light of the medical evidence discussed supra , which indicate s 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 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 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 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 B oard 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

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