Search Decisions

Decision Text

NAVY | DRB | 2009_Navy | ND0902420
Original file (ND0902420.rtf) Auto-classification: Denied

ex-ET3, USN
Current Discharge and Applicant’s Request
Application Received: 20090828
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)        20000624 - 20001106     Active:  

Period of Service Under Review:
 Date of Current Enlistment: 20001107     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20020607      Highest Rank/Rate: ET3
Length of Service : Y ear ( s ) M onth ( s ) 01 D a y ( s )
Education Level:        AFQT: 80
Evaluation M arks:         Performance: 3.0 ( 1 )      Behavior: 3.0 ( 1 )        OTA: 3.00

Awards and Decorations ( per DD 214):     

Periods of 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 33, effective 14 August 2001 until
21 August 2002, 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.       Applicant contends that he rates an Honorable characterization of service due to no misconduct or derogatory information in his service record.

Decision

Date: 20 10 0923             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 g overnment al affairs unless there is substantial credible evidence to rebut the presumption, to include evidenc e submitted by the Applicant. The Applicant identified one decisional issue for the Board’s consideration. T he Board complete d a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent sta ndards of equity and propriety. The Applicant’s record of service reflected no misconduct . The record did contain the results of a psychological evaluation conducted on 3 May 2002 in which the Applicant was diagnosed with “Adjustment Disorder with depressed mood and Schizoid Personality Disorder, of such severity, as to render him unsuitable for continued naval service.” Based on this evaluation, the command processed the Applicant for administrative separation due to personality disorder in accordance with MILPERSMAN section 1910-122 . The Board noted that the commanding officer of the USS PELELIU decided upon a characterization of service as Honorable on his memorandum of ADSEP notification of the Applicant to the Chief of Naval Personnel, dated 4 Jun e 2002 . 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 of rebuttal , or request a General Court- Martial Convening Authority review .

: (Decisional) ( ) . The Applicant contends that he rates an Honorable characterization of service due to no misconduct or derogatory information with in his service record. MILPERSMAN sections 1910-122 and 304 clearly state that a service member may be administratively separated when a mental health professional evaluation assesses that the member’s personality disorder is so severe that the ir ability to function effectively in the naval environment is significantly impaired. Moreover, a n H onorable characterization of service is warranted unless an E ntry L evel S eparation or a G eneral ( U nder H onorable C onditions) characterization of service is appropriate per MILPERSMAN section 1910-308 .

A review of the Applicant’s evaluation and counseling records revealed one observed report covering a seven- month period (Nov 2001 - Jun 2002) in which he received marks of 3.0 (Performance), 3.0 (Behavior), and 3.00 (O verall Trait Average ) . These marks, to include the Comments on Performance in block 43 , reflect a Sailor performing to standards with average perfor mance and conduct. Based on these evaluation marks , the lack of documented deficiency counseling or misconduct in his record, and the commanding officer’s memorandum stating his decision as to characterization of service as Honorable , the Board concluded the Applicant rates an Honorable characterization of service.

Summary: After a thorough review of the available evidence, to include the Applicant’s s ummary of s ervice and r ecord e ntries , 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.
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 | 2010_Navy | ND1000217

    Original file (ND1000217.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT 1. Decisional issue: (Propriety) The Applicant contends that his discharge characterization of service was improper; the Applicant was directed to be separated by Convenience of the Government – Personality Disorder, with an Honorable characterization of service at discharge by the Separation Authority. ” Additional Reviews : After a document review has been conducted, former members are eligible...

  • NAVY | DRB | 2007_Navy | ND0700010

    Original file (ND0700010.rtf) Auto-classification: Denied

    , ex-ET3, USNND07-00010Current Discharge and Applicant’s Request: Application Received: 20060927Characterization of Service: Reason for Discharge: Discharge Authority: MILPERSMAN1910-122Duty Assignment/Command at Discharge: USS ALBANY AT NORFOLK, VA Applicant’s Request: Characterization change to: Narrative Reason change to: Change Review Requested: Representation:Issues (as summarized by NDRB): 1.Change/Remove code JFX and comments referring to personality disorder. Elements of Discharge:...

  • NAVY | DRB | 2015_Navy | ND1401543

    Original file (ND1401543.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 | 2011_Navy | ND1100527

    Original file (ND1100527.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. 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...

  • NAVY | DRB | 2013_Navy | ND1301630

    Original file (ND1301630.rtf) Auto-classification: Denied

    The Applicant contends his Narrative Reason for Separation is unfair and improper, because he was never counseled in accordance with MILPERSMAN Article 1910-122 and was not given an opportunity to correct his deficiencies.In the absence of a complete discharge package and the Applicant’s complete medical record, the NDRB presumed regularity of governmental affairs in the Applicant’s diagnosis of a Personality Disorder. ” After a complete review of the records and documentation provided by...

  • NAVY | DRB | 2013_Navy | ND1301244

    Original file (ND1301244.rtf) Auto-classification: Denied

    The Applicant was afforded the opportunity to rebut his administrative separation at the time of notification, but he waived his rights and accepted his command’s recommendation of an Honorable discharge for Personality Disorder.However, per MILPERSMAN Article 1910-122, “separation for personality disorder is not appropriate when separation is warranted for any other reason….” With the Applicant’s diagnosis of Adjustment Disorder and recommendation for separation, he met the requirements for...

  • NAVY | DRB | 2008_Navy | ND0801145

    Original file (ND0801145.rtf) Auto-classification: Denied

    The Board voted unanimously to change the characterization of service to “Honorable” and to leave the narrative reason for discharge as “Personality Disorder.” 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...

  • NAVY | DRB | 2007_Navy | ND0700799

    Original file (ND0700799.doc) Auto-classification: Denied

    The record reflects that the Commanding Officer, USS PEARL HARBOR notified the Applicant of his intent to administratively separate the Applicant by reason of Convenience of the government – Personality Disorder per MILPERSMAN 1910-122 and that the least favorable characterization of service possible was General (Under Honorable Conditions). Discharge Process Date Notified: 20030114 Reason for Discharge: - Least Favorable Characterization: Date Applicant Responded to Notification:...

  • NAVY | DRB | 2008_Navy | ND0800371

    Original file (ND0800371.rtf) Auto-classification: Denied

    The Applicant should be aware completion of these items alone does not guarantee an upgrade from an unfavorable discharge as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service conduct mitigates the reason for the characterization of discharge. Pursuant to MILPERSMAN 1910-122, members discharged on the basis of a Personality Disorder should receive and “Honorable ” unless a “General (Under Honorable) ” is warranted based on the members overall...

  • NAVY | DRB | 2010_Navy | ND1000385

    Original file (ND1000385.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends her narrative reason for separation has harmed her employment opportunities. Representation: 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...