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NAVY | DRB | 2009_Navy | ND0902113
Original file (ND0902113.rtf) Auto-classification: Denied

ex-FN, USN
Current Discharge and Applicant’s Request
Application Received: 20090424
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN 3620200

 Applicant’s Request:      Characterization change to:      
         Narrative Reason change to:       GOOD OF THE SERVICE

Summary of Service

Prior Service:
 Inactive:         US N R (DEP)        19911114 - 19920426     Active:  

Period of Service Under Review:
 Date of Current Enlistment: 19920427     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 19940811      Highest Rank/Rate: FN
Length of Service : Y ear ( s ) M onth ( s ) 14 D a y ( s )
Education Level:        AFQT: 35
Evaluation M arks:         Performance: 3.4 ( 1 )      Behavior: 3.6 ( 1 )        OTA: 3.4

Awards and Decorations ( per DD 214):      (2) JMUA

Periods of UA /C ONF :

NJP :

- 19921112 :      Article (Failure to obey order or regulation)
         Awarded: Suspended:

S CM : SPCM: C C :

Retention Warning Counseling:

NDRB Documentary Review Conducted (date):        20021031
NDRB Documentary Review Docket Number:   ND02-00416
NDRB Documentary Review Findings:                 Proper as issued and that no change is warranted.
Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

         “ GENERAL (UNDER HONORABLE CONDITIONS) ”
         “ ”

The NDRB will recommend to the Commander, Navy Personnel Command, that the DD 214 be corrected as appropriate.
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 :   

Applicant Testified:
Applicant Available for Questions:
Witnesses:
Observers:

A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 July 1994 until 23 June 1996, 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. Personality disorder and alcohol abuse diagnose s are not correct.
2. Post-service conduct warrants consideration.
3 . Wants his narrative reason for separation changed to “Good of the Service. ”

Decision

Date: 2010 0913             Location: Washington D.C .        R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall SECRETARIAL AUTHORITY .

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 one nonjudicial punishment for violation o f the Uniform Code of Military Justice (UCMJ): Article 92 ( Failure to obey order or regulation ) . O n 5 August 1994, t he Applicant was admitted to the Naval Hospital, Portsmouth, VA, for suicidal ideations. He was discharged on 9 August 1994 with a diagnosis of alcohol abuse and personality disorder not otherwise specified with borderline and histrionic features. Based on the attending psychiatrist’s recommendation for expeditious administrative separation, the Applicant’s command processed him for separation. The NDRB did not have the Applicant’s administrative separation package to determine whether or not the Applicant waived his rights to consult with a qualified counsel , submit a written statement , or a General Court-Martial Con vening Authority review.

Issue 1 : (Decisional) ( ) . The Applicant contends his personality disorder and alcohol abuse diagnoses were not co rrect . The Applicant provided a letter dated 24 February 2004 from a civilian psychiatrist who evaluated the Applicant and stated he saw “no evidence of any sort of mental disorder or personality disorde r or alcohol abuse at this time.” Although the Applicant provided a post-service mental health evaluation, the NDRB determined the Applicant was properly diagnosed by a mental health professional at the time of discharge. The NDRB determined the Applicant’s alcohol abuse diagnosis was not relevant to his narrative reason for separation and is without merit. Relief denied.

 Issue 2: (Decisional) ( ) . The Applicant contends his post-service conduct warrants consideration for an upgrade in his characterization. The NDRB considers 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. The Applicant provided several letters of reference and documentation regarding his employment, finances, education and training, health and medical records, family and personal status, and community service. After a careful review of the Applicant's post-service documentation and official service record, and taking into consideration his testimony, the testimony of his witness, and the facts and circumstances unique to this case, the NDRB determined relief is warranted based on equitable grounds and voted unanimously to upgrade the discharge characterization to Honorable.

Issue 3 : (Decisional) ( ) PARTIAL . 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. However, on the Applicant’s Report of Medical Examination dated 10 August 1994, the doctor noted next to block 42, Psychiatric, “adjustment disorder/personality disorder.” Upon further review of the Applicant’s medical record by the NDRB’s staff psychiatrist, the available evidence strongly suggests the Applicant suffered from considerable dysphoria in the context of his adjustment to active duty in the US Navy, particularly with reference to his fireman rating aboard ship. Historical elements suggestive of impulse control issues prior to his enlistment were noted, which would be expected to cause significant adjustment difficulties in the context of the restrictions normal to active duty were he to be subjected to a working milieu he perceived to be noxious. Taken in isolation, the symptoms the Applicant suffered while on active duty would be compatible with the diagnosis of adjustment disorder, which was reported on his Report of Medical Examination of 10 August 1994. While not a personality disorder, per se, adjustment disorders are classif ied as nonphysical disabilities (not considered mentally ill or disabled enough to warrant a medical evaluation board) , by which the member's ability to function effectively in the military environment is significantly impaired and subject to administrative separation . At the time of the Applicant’s discharge in 1994, adjustment disorders had not yet been formally listed but were generally understood to fall under the same cate gory as personality disorders. In 1994, s ome personality disorders did meet the criteria in the Naval Military Personnel Manual (MILPERSMAN), Article 3620200, S eparation of Enlisted Personnel by Reason of Convenience of the Government [Condition not a Disability] . Since then, adjustment disorders are listed separately in the MILPERSMAN , Article 1910-120, S eparation by Reason of Convenience of the Government – P hysical or Mental Conditions . Based on the current MILPERSMAN and substantial doubt the Applicant would have received the same discharge if relevant current policy had been available to the Applicant at the time of the discharge proceedings under consideration, the NDRB voted unanimously to change the narrative reason for separat ion to Secretarial Authority.

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, and medical record entries, and discharge process, the Board found the discharge was proper and equitable at the time of discharge. However, based on equitable grounds, the awarded characterization of service shall and the narrative re ason for separation shall change to Secretarial Authority .

Pertinent Regulation/Law

A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 July 1994 until 23 June 1996, 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 .


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

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