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NAVY | DRB | 2009_Navy | ND0900966
Original file (ND0900966.rtf) Auto-classification: Denied

ex-MMFN, 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)        20060207 - 20060807     Active:  

Period of Service Under Review:
Date of Enlistment: 20060808     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20070816      Highest Rank/Rate: MM3
Length of Service : Y ear ( s ) M onth ( s ) 09 D a y ( s )
Education Level:        AFQT: 92
Evaluation M arks:         Performance: 2.0 ( 2 )      Behavior: 2.0 ( 2 )        OTA: 2.42

Awards and Decorations ( per DD 214):     

Periods of UA /C ONF :

NJP :
- 20070604 :       Art icle 92 (Derelict ion of dut y)
         Awarded : Susp ended :

S CM :    SPCM:    C C :

Retention Warning Counseling :

- 20070604 :       For dereliction of duty

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 :






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 to use the GI Bill.
2.       Separated due to depression that was not a pre-existing condition.
Decision

Date: 20090910            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 NAVPERS 1070/613 (Page 13) warning and one non-judicial punishment for violation of the Uniform Code of Military Justice (UCMJ): Article 92 (Dereliction of duty.

The Applicant’s medical record of 10 August 2007 indicates the following: 1) she was seen at Naval Health Clinic Charleston Mental Health Center for a reported 6 month history of low mood, sleep problems, anger, anhedonia and suicidal ideation with a plan to overdose; 2) her primary stressors included relationship difficulties, failure to meet military academic requirements, legal problems for leaving the area without authorization and falsifying a statement; 3) she was hospitalized at “Palmetto Psych” from 26 July to 06 August 2007; 4) she was diagnosed with a n adjustment disorder with mixed disturbance of emotions, n icotine dependence, p ersonality disorder with immature and avoidant traits; 5) she was determined to be not physically qualified for nuclear and submarine training, 6) she was recommended for expeditious administrative separation and considered a potential risk for harm ing herself or others if retained on active duty, and 7) she did not possess a severe mental disease or defect and was considered competent to handle her own affairs. Based on the recommendation of the staff psychiatrist, the Applicant’s 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. However, pursuant to the Commanding Officer’s (Naval Nuclear Power Training Command) letter of 15 August 2007 the Applicant was to be discharged based on a personality disorder and assigned a separation code of “JFX” indicating that she was not entitled to an administrative board. The presumption of regularity of governmental affairs was applied in the absence of an administrative separation package and incomplete service record.
: (Nondecisional) The Applicant contend she was told that upon being separated she would be entitled to 50% of the Montgomery GI Bill and she was not provided a copy of this paperwork. The Applicant has not provided any documentary evidence to support this contention. Additionally, 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.
: (Decisional) ( ) . The Applicant contends she is entitled to an upgrade to Honorable or medical discharge because her depression was not a pre-existing condition and it was the reason she was separated. The Applicant contends the negative aspects of her behavior and conduct were not directly related to her medical diagnosis and she was rushed through the paperwork. Based on a review of the available service of record, the Board determined the documentation and statement provided by the Applicant were not sufficient to refute the evidence of record as previously discussed which demonstrates that the Applicant was properly diagnosed with a personality disorder. While the Board finds there is no evidence to suggest that the Applicant experienced symptoms of a personality disorder prior to her enlistment; or that she was entitled to, recommended for or was being processed for a medical discharge. Additionally, the Board determined that an upgrade to Honorable was not warranted based on the offense(s) committed, performance evaluation marks and the Applicant’s overall record . The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation were improper or inequitable. Personality disorder i s not considered a disability per regulation, nor is it subject to referral or adjudication by the Physical Evaluation Board. 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.
Summary: After a thorough review of the available evidence, to include the Applicant’s s ummary of s ervice, 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 .

 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 .



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.
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

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