Search Decisions

Decision Text

NAVY | DRB | 2009_Navy | ND0900962
Original file (ND0900962.rtf) Auto-classification: Denied

ex-GSM3, USN
Current Discharge and Applicant’s Request
Application Received: 20090311
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)        20030730 - 20030806     Active:  

Period of Service Under Review:
Date of Enlistment: 20030807     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20060601      Highest Rank/Rate: GSM3
Length of Service : Y ear ( s ) M onth ( s ) 25 D a y ( s )
Education Level:        AFQT: 65
Evaluation M arks:         Performance: 2.3 (3)      Behavior: 2.3 (3)        OTA: 2.6

Awards and Decorations ( per DD 214):     

Periods of UA /C ONF :

NJP :
- 20060420 :       Article (Unauthorized absence , late for work )
         [Extracted from the Applicant’s evaluation report, dated 20060530]
         Awarded : NFIR Susp ended: NFIR
- 20060424 :       Article 86 (UA)
         Article 115 (Malingering, ingested 30 pills and scratching her arms with a razor )
         [Extracted from the Applicant’s medical records, dated 20060427]
         Awarded : NFIR Susp ended: NFIR
        
S CM :   SPCM:   CC:   

Retention Warning Counseling : NFIR

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 :


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

Applicant’s Issues

 1.        Reason for discharge i s incorrect.
Decision

Dat e: 2010 0318             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. The Applicant’s record of service included for o f the Uniform Code of Military Justice (UCMJ): Article 86 ( Unauthorized absence ), and Article 115 ( Malingering, ingested 30 pills and scratching her arms with a razor ) . Based on a psychological evaluation dated 27 April 2 006 , the Applicant was diagnosed with severe borderline personality disorder and adjustment disorder with mixed disturbance of emotions and conduct, and was strongly recommended for expeditious administrative separation. Based on the diagnosis of personality disorder, command administratively processed for separation. The NDRB did not have the Applicant’s administrative separation package to determine whether or not the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request a General Court-Martial Convening Authority (GCMA) review .

: (Decisional) ( ) . The Applicant contends her reason for discharge is not correct . She provid ed documentation from a licensed clinical psychologist (LCP) a nd two licensed clinical social workers (LCSW) to support her contention. One of the LCSWs stated, “She did not meet criteria for any personality disorder.” The other LCSW stated, “In the course of treatment with [the Applicant], I have seen no evidence of Borderline Personality Disorder or any personality disorder traits that would tend to occur under environmental or interpersonal stress.” The LCP stated, “Examination of her responses did not indicate any clinically significant personality traits or disorders as indicated by her low base rate scores.” But the LCP also stated, “However, given her history, Borderline Personality Disorder can not be ruled out. ” and her diagnostic impression was , “ History of Borderline Personality Disorder, mode is currently stable. ”

On 27 March 2005, the Applicant was taken to the emergency room for suicidal ideations. There she was seen and first diagnosed by a resident psychiatrist from the Department of Psychiatry, Naval Medical Center Portsmouth (NMCP), with adjustment disorder with mixed disturbance of emotions and conduct, occupational problem, and borderline personality disorder. The resident psychiatrist discussed this case with a staff psychiatrist and recommended the Applicant contact her psychologist to arrange for a follow-up appointment. In a follow-up appointment on 27 April 2006, the Applicant was evaluated by the staff psychiatrist from NMCP and he determined the same diagnosis except he added “severe” to borderline personality disorder. The staff psychiatrist discussed this case with the Applicant’s psychologist, who agreed with the diagnosis. Based on the evidence of record, the NDRB determined the Applicant was properly diagnosed by mental health professionals and met the requirements for involuntary administrative separation for the c onvenience of the Go vernment by reason of personality disorder. B ased on her record of service, the NDRB determined the awarded characterization of service was warranted.

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and service record entries, and discharge process, the Board found the discharge was the discharge was proper and equitable at the time of discharge. Therefore, the awarded characterization of service shall GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for separation shall remain .

The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. The Applicant is directed to the Addendum, specifically the paragraphs titled Additional Reviews, Automatic Upgrades, and Post-Service Conduct .

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 .


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 Disabled American 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 their 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 | 2015_Navy | ND1501116

    Original file (ND1501116.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 HONORABLE and the narrative reason for separation shall remain PERSONALITY DISORDER. ” Additional Reviews : After a document review has been conducted,...

  • NAVY | DRB | 2012_Navy | ND1200510

    Original file (ND1200510.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant wants an upgrade for employment opportunities. A review of the Applicant’s records shows that she did not deploy in support of a contingency operation and was separated prior to achieving six months of active service for failure to meet medical or physical procurement standards.The NDRB, under its responsibility to examine the propriety and equity of an...

  • NAVY | DRB | 2006_Navy | ND0600148

    Original file (ND0600148.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. APPLICANT’S ISSUES AND DOCUMENTATION Issues, as stated Applicant’s issues, as stated on the application and/or attached document/letter: “ Dear NDRB,The following issues are the reasons I believe my discharge should be upgraded to Honorable and the reenlistment code be changed to RE-1 with corresponding Separation Program Number/designator. If I was considered such...

  • NAVY | DRB | 2009_Navy | ND0902118

    Original file (ND0902118.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” 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. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted...

  • NAVY | DRB | 2015_Navy | ND1500856

    Original file (ND1500856.rtf) Auto-classification: Denied

    Based on the Applicant’s mental health condition, command administratively processed for separation. 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 change to HONORABLE and the narrative reason for separation shall remain CONDITION, NOT A DISABILITY. ” Additional Reviews : After a document review has been conducted,...

  • NAVY | DRB | 2015_Navy | ND1500954

    Original file (ND1500954.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” 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 | 2015_Navy | ND1500307

    Original file (ND1500307.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. By a vote of the Narrative Reason shall .Discussion As a result of the Applicant’s claim of PTSD due to military sexual trauma and in-service diagnosis of a personality disorder, in accordance with U.S. Code, Title X, Section 1553 (d)(1), the Naval Discharge Review Board included a member who is a physician, clinical psychologist, or psychiatrist. ” Additional Reviews : After...

  • NAVY | DRB | 2002_Navy | ND02-01192

    Original file (ND02-01192.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-ICFN, USN Docket No. ND02-01192 Applicant’s Request The application for discharge review, received 020821, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copies of DD Form 214 (Copy #4 and Copy #1) PART II - SUMMARY OF...

  • USMC | DRB | 2011_Marine | MD1100716

    Original file (MD1100716.rtf) Auto-classification: Denied

    The NDRB determined that the diagnosis and separation for Personality Disorder was proper.Marine Corps regulations state the characterization of service for a Marine separated for Personality Disorder is either Honorable or General (Under Honorable Conditions) as determined by the Marine’s service record. The Applicant could have provided documentation as detailed in the Post-Service Conduct paragraph in the Addendum with the recognition that completion of these items alone does not...

  • NAVY | DRB | 2015_Navy | ND1500541

    Original file (ND1500541.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 UNCHARACTERIZED and the narrative reason for separation shall remain PERSONALITY DISORDER. ” Additional Reviews : After a document review has been...