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NAVY | DRB | 2010_Navy | ND1000217
Original file (ND1000217.rtf) Auto-classification: Denied

ex-ET3, USN
Current Discharge and Applicant’s Request
Application Received: 20091028
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)        20000519 - 20001009     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20001010     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20021219      Highest Rank/Rate: ET3
Length of Service : Y ear ( s ) M onth ( s ) 10 D a y ( s )
Education Level:        AFQT: 68
Evaluation M arks:         Performance: NFIR         Behavior: NFIR   OTA: NFIR
Awards and Decorations ( per DD 214):     

Periods of UA /C ONF : UA: 20021023-20021028, 5 days / CONF:

NJP :     S CM :    SPCM:    C C :      Retention Warning Counseling :

Administrative Corrections to the Applicant’s DD 214

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

         “ 00 OCT 10 ”
         Block 12c, Net Active Service This Period, should read: “02 02 10 ”

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:           Rehabilitation/Treatment:                  Criminal Records:       
         Personal Documentation :           Community Service:                References:     
         Department of VA letter:                  Oth er Documentation:    
                  Additional Statements :
         From Applicant:            From /To Representation:            From /To Congress m ember :        

Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until 19 June 2005, 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

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. The Applicant ’ s DD-214 as generated by the Navy Personnel Support Detachment, Naval Air Station North Island reflects a General (Under Honorable Conditions) characterization of service.

Decision

 Date: 2011 0114             Location: Washington D.C.       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 discharge if such change is warranted. In reviewing discharges, the NDRB 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 identified one decisional issue for the NDRB’s consideration. The NDRB completed a thorough review of the circumstances that led to the discharge, and the discharge process, to ensure the discharge met the pertinent standards of both equity and propriety.

The Applicant’s record of service contains no NAVPERS 1070/613 retention-counseling warning s or non-judicial or judicial punishments for of the Uniform Code of Military Justice (UCMJ) . The Applicant did have one period of Unauthorized Absence - a violation of Article 86 of the UCMJ - from his command for a period of 5 days of lost time on his record. The Command opted not to formally counsel the Applicant or to pursue non-punitive or punitive punishment for this violation of the UCMJ.

 During the period of February to November 2002, the Applicant was seen and treated by the Mental Health Unit, Marine Corps Recruit Depot, San Diego for mental health issues. He was treated with medication and counseling services and placed on a period of limited duty to aid in resolving his mental health issues. On 21 November 2002, the Applicant was recommended for expeditious administrative separation by the Staff Clinical Psychologist. The Applicant was diagnosed with a Personality Disorder, not otherwise specified, with S chizotypal and A voidant P ersonality traits and Depressive Disorder ( Depressive Disorder existed prior to entry into military service ). Furthermore, he was diagnosed with an Adjustment disorder with mixed anxiety and depressed mood, chronic. The Staff Psychologist further stated that the member is judged to represent a significant risk to himself or other s if retained on active duty due to his increasing feelings of failure as he tries to function in the military environment. T he Applicant’s situation was deemed to not be amenable to treatment and w ould only worsen if ret a ined in the military . He was deemed fit for separation and further determined not to be considered to be seriously mentally ill and to have no medically boardable condition.

 On 22 November 2002 , the Applicant was notified that he was being administratively processed for separation. The Applicant was notified for separation due to Convenience of the Government – Personality Disorder in accordance with paragraph 1910-122 of the Naval Military P ersonnel Manual (MILPERSMAN) . The Applicant was advised that the least favorable characterization of service at discharge would be General (Under Honorable Conditions). On 04 December 200 2 , the Separation Authority concurred with the Staff Psychologist recommendation and directed the Applicant be discharged by reason of Convenience of the Government – Personality Disorder , pursuant to the authority of the MILPERSMAN (1910-122) with a n Honorable characterization of service. The Separation Authority directed the Applicant ’ s separation and forwarded a copy of all the supporting documentation to the Chief of Naval Personnel (PERS-832). The Applicant was discharged on 19 December 2002 for Personality Disorder, General (Under Honorable Conditions) with a separation code of JFX ( Personality disorder, not amounting to a disability, but which potentially interferes with as signment or performance of duty) and a re-enlistment code of RE-4.



: (Decisional) ( ) – RELIEF WARRANTED . 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. The Applicant ’ s DD-214 as generated by the Navy Personnel Support Detachment, Naval Air Station North Island reflects a General (Under Honorable Conditions) characterization of service.

(Propriety) Pursuant to paragraph 1910-122 of the MILPERSMAN, members may be processed for separation based on a Mental Health Care Professional's clinical diagnosis of a personality disorder when that disorder is so severe that one's ability to function effectively and perform their duties is significantly impaired and the individual poses a threat to the safety or well being of themselves or others. Separation for personality disorder is not normally appropriate when separation is warranted for any other reason (e. g., member meets minimum criteria for misconduct processing). The record of evidence reflects the Applicant met the requirements for processing by reason of Convenience of the Government – Personality Disorder and no other reason and that he was properly notified of such and afforded his rights as required by the MILPERSMAN.

 Based on the Staff Psychologist recommendation and the concurrence of the Separation Authority , Personality Disorder was the appropriate narrative reason for discharge. Furthermore, the Separation Authority clearly directed that the Applicant receive an Honorable characterization of service at discharge. The Applicant’s DD-214, as issued by the Personnel Support Detachment, North Island, however, reflects a General (Under Honorable Conditions) discharge characterization of service – in direct conflict with the Separation Authority’s determination and stated direction. As such, the NDRB determined impropriety in the discharge action; the proper narrative reason for separation from the Naval S ervice was Convenience of the Government – Personality Disorder and the proper characterization of service at discharge should have been Honorable . Accordingly, relief is 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 improper as issued. Therefore, the awarded characterization of service shall HONORABLE 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

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