Search Decisions

Decision Text

NAVY | DRB | 2009_Navy | ND0901988
Original file (ND0901988.rtf) Auto-classification: Denied

ex-SN, USN
Current Discharge and Applicant’s Request
Application Received: 20090702
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)        19930915 - 19930921     Active:  

Period of Service Under Review:
Date of Current Enlistment: 19930922     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 19940718      Highest Rank/Rate: SN
Length of Service : Y ear ( s ) M onth ( s ) 27 D a y ( s )
Education Level:        AFQT: 95
Evaluation M arks:         Performance: 3.6 ( 1 )      Behavior: 3.6 ( 1 )        OTA: 3.60

Awards and Decorations ( per DD 214):     

Periods o f UA /C ONF :

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 /To Representat ion :            From /To Congress m ember :         
Oth er Documentation :   

Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 5 March 1993 until 21 July 1994, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

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. Discharge inequitable based on record of service.
2. Post-service conduct warrants consideration.
Decision

Date: 2010 0811             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 discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental 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 no NAVPERS 1070/613 (Page 13) warnings or misconduct that resulted in nonjudicial punishment or court-martial. The Applicant was the Honor Recruit for his traini ng company and after graduation reported to the Defense Language Institute in Monterey, CA, to learn C hinese- M andarin. Due to a lack of language aptitude, the Applicant was transferred to an ammunition ship after complet ing 14 weeks of the 47-week B asic C hinese- M andarin language course . He reported onboar d on 9 June 1994, but o n 14 June 1994, only five days after reporting, the Applicant was transferred to the Naval Medical Center (NMC), Oakland, CA, for suicidal ideations and depressed mood. The attending psychiatrist/psychologist diagnosed the Applicant with adjustment disorder with mixed emotional features and person ality disorder not otherwise specified with dependent and passive aggressive traits . The Applicant was subsequently placed in a medical holding company at NMC. He was reevaluated on 7 July 1994 and still recommen ded for separation. The Applicant remained at the NMC until he returned to his ship on 18 July 1994 for separation. Based on his diagnosis, t he Applicant’s command administratively processed him for separation. When notified of administrative separation processing using the notification procedure, the Applicant waived his rights to c onsult with a qualified counsel and submit a written statement .
Issue 1 : (Decisional) ( ) . The Applicant contends his discharge was inequitable based on his record of service. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant’s service. The NDRB voted unanimously to upgrade the discharg e characterization to Honorable , but by majority rule determined the awarded narrative reason for separation was appropriate.

Issue 2 : (Decisional) ( ) The NDRB did review this i ssue, but since the NDR B granted full relief based on I ssue 1 , no further response is required.
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 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 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 | 2009_Navy | ND0902113

    Original file (ND0902113.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Applicant wants his narrative reason for separation changed to “Good of the Service.” The NDRB notes “ Good of the Service” is not an authorized enlisted personnel separation code.As noted in Issue 1, the NDRB determined the Applicant was properly diagnosed with a personality disorder at the time of discharge. ” Additional Reviews : After a document review has been...

  • NAVY | DRB | 2008_Navy | ND0800457

    Original file (ND0800457.rtf) Auto-classification: Denied

    Applicant’s Request: Characterization change to: Narrative Reason change: MEDICAL CONDITION Summary of Service Prior Service: Inactive: USNR (DEP)19860116 - 19861027Active: 19861028 – 19900830 HON Period of Service Under Review: Date of Enlistment: 19900831Period of enlistment:4 Years+ 2 month extensionDate of Discharge:19931021Length of Service: 03 Yrs 01Mths21 DysEducation Level: 12Age at Enlistment:22AFQT: 78Highest Rank/Rate:BM3Evaluation marks:Performance: 3.4 (6) Behavior:3.4 (6)OTA:...

  • NAVY | DRB | 2010_Navy | ND1000459

    Original file (ND1000459.rtf) Auto-classification: Denied

    Narrative Reason for Discharge:Authority for Discharge: MILPERSMAN3620200 [personality disorder] Based on the Applicant’s mental health issues, command administratively processed for 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.

  • NAVY | DRB | 2009_Navy | ND0900223

    Original file (ND0900223.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Applicant seeks a reentry (RE)code change to RE-1.2. ” 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 ofthe Applicant’sdate of discharge. Additionally, the NDRB does not have the authority to change a narrative reason for separation...

  • NAVY | DRB | 2009_Navy | ND0900549

    Original file (ND0900549.rtf) Auto-classification: Denied

    The NDRB determined the awarded discharge characterization was appropriate and an upgrade would be inappropriate.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...

  • NAVY | DRB | 2010_Navy | ND1001558

    Original file (ND1001558.rtf) Auto-classification: Denied

    Therefore, the NDRBpresumesregularity in that he was recommended for expeditious administrative separation, which would not have required the Applicant to be counseled for having a personality disorder or time to overcome it.The Applicant’s post-service mental health evaluation and diagnosis of PTSD due to MST was conducted more than 14 years 9 months after being separated and has no bearing on the in-service diagnosis.The Board determined that the Narrative Reason for Separation reflects...

  • NAVY | DRB | 2010_Navy | ND1000575

    Original file (ND1000575.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant requests his narrative reason for separation be changed. :(Decisional)() .The Applicant requests his narrative reason for separation be changed. 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.

  • NAVY | DRB | 2002_Navy | ND02-01052

    Original file (ND02-01052.rtf) Auto-classification: Denied

    Since reporting to ship 7 months ago has had increased dissatisfaction which has result in 5-6 fights off base and 1 physical fight with his girlfriend 2 months ago on leave. Mbr not currently suicidal/homicidal but presents a continuing risk/liability to harm self/others if returned on board ship& in the USN. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 881021 under honorable conditions (general) for convenience of the...

  • NAVY | DRB | 2011_Navy | ND1101364

    Original file (ND1101364.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends his post-service conduct is worthy of consideration.2. Relief granted.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 but the narrative reason for separation shall remain PERSONALITY...

  • NAVY | DRB | 2006_Navy | ND0600809

    Original file (ND0600809.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Board found two errors in the Applicant’s case.First, the Applicant was separated with a characterization of service as General (Under Honorable Conditions). Here, the Board concluded that the command erred when on 19940119, the Commanding Officer, USS FREDERICK, notified the Applicant of intent to recommend separation due to personality disorder.The Board...