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NAVY | DRB | 2010_Navy | ND1000740
Original file (ND1000740.rtf) Auto-classification: Denied

ex-ETSN, USN
Current Discharge and Applicant’s Request
Application Received: 20100120
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)        20060919 - 20070627     Active:  

Period of Service Under Review:
Date of Current Enlistment: 200706 2 8     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20090317      Highest Rank/Rate: ET3
Length of Service : Y ear ( s ) M onth ( s ) 20 D a y ( s )
Education Level:        AFQT: 60
Evaluation M arks:         Performance: 3.0 ( 3 )      Behavior: 2.6 ( 3 )        OTA: 2.83

Awards and Decorations ( per DD 214):     

Period of UA : 20081212 - 20081229 (17 days)

NJP :

- 20090204 :       Article (UA), 2 specifications
         Specification 1: UA 20081212-20081229, 17 days
         Specification 2: Absent from organization 0900-1400, 20090105
         Awarded : Susp ended:

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:

          “ PERSONALITY DISORDER ”
         “ 20081212-20081229 ”
        
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 15560D), Change 23, effective 29 May 2008 until 20 August 2009, 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 seeks an upgrade to obtain VA benefits.
2.       Applicant contends his diagnosis of personality disorder was rushed and therefore his discharge was improper.

Decision

Date : 20 1 1 03 24             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 identif ied 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 standards of equity and propriety. The Applicant’s record of service did not contain any NAVPERS 1070/613 (Page 13) retention warnings, but did include for o f the Uniform Code of Military Justice (UCMJ): Article 86 ( Absence without leave, 2 specifications: 12 -29 Dec 2008 , 17 days, terminated by surrender to his command, and absent from work for 5 hours, 5 Jan 2009 ) . The service and medical records indicated the Applicant was a student assigned to Navy Nuclear Power Training Unit (NNPTU), S outh Carolina , when he began to exhibit signs of excessive stress and anxiety, which included a 17 - day period of unauthorized absence (UA) from 12 Dec to 29 Dec 2008 , and culminated in suicidal ideations (with plan and intent to either slit his wrists or jump in front of a car ) that necessitated his admittance to Palmetto Lowcountry Behavioral Health Clinic for 6 days (6 Jan - 12 Jan 2009). During the interview and evaluation process, the Applicant stated he had been experiencing “bad depression for the past 5 months and feels very stressed in the Nuclear Power School program . ” The Applicant received follow-on evaluation at Portsmouth Naval Hospital Psychiatric where he was diagnosed (22 Jan 2009) as AXIS I: Personality Disorder (NOS) with Immature Tr aits and AXIS II: Adjustment Disorder with Depressed Mood. On 23 Jan 2009, the Commander, Navy Medicine East, recommended to the Applicant’s Commanding Officer that he be separated from the Navy expeditiously stating “the member is not considered to be mentally ill (no medically boardable condition), but does manifest a long-standing disorder of character and behavior, which is of such severity as to render this individual unsuitable for continued military service. ” After considering all the facts and circumstances, to include the Applicant’s performance, potential for further service and the recommendations from the Department of Psychiatry, the Applicant’s Commanding Officer decided to process him for administrative separation. When notified of administrative separation processing using the procedure on 10 Feb 2009 , the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request a General Court-Martial Convening Authority review. The Applicant was subsequently discharged from the Navy with a General (Under Honorable Conditions) discharge for Personality Disorder on 17 Mar 2009.

: (Nondecisional) The Applicant seeks an upgrade to obtain VA benefits. T he U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities as r egulations limit the NDRB’s review to a determination of the propriety and equity of the discharge. There fore, this issue does not serve to provide a foundation upon which the Board can grant relief.

: (Decisional) ( ) . The Applicant contends his diagnosis of personality disorder was rushed and therefore his discharge was improper. The Board conducted an exhaustive review of the Applicant’s service and medical records to determine if his claim had merit and warranted relief based on propriety. The Applicant’s documented performance as a student, while undergoing rigorous academic and skill-based training in the 18 - month Nuclear Power field, was good. During the month of December 2008, the Applicant was UA from school for 17 days (12-29 Dec 2008) which terminated in his surrender. Less than one week later, the Applicant was UA from his appointed place of duty for 5 hours. After an unspecified incident when he communicat ed suicidal ideations, the Applicant was admitted to Palmetto Lowcountry Behavioral Health Clinic from 6 Jan to 12 Jan 2009 (6 days ). The Applicant received follow-on evaluation at Portsmouth Naval Hospital Psychiatric where he stated , “he cannot deal with the Navy . ” On 22 Jan 2009, he was diagnosed as AXIS I: Personality Disorder (NOS) with Immature Traits, and AXIS II: Adjustment Disorder with Depressed Mood. On 23 Jan 2009, the Commander, Navy Medicine East, recommended to the Applicant’s Commanding Officer that he be separated from the Navy expeditiously . The Board, after considering all the facts and circumstances surrounding the Applicant’s diagnosis and subsequent discharge from the Navy, determined that his discharge was proper and equitable, and in accordance with the orders and directives governing his discharge in effect at the time of his separation. Relief d enied.

Summary: After a thorough review of the available evidence, to include the Applicant’s s ummary of s ervice, r ecord e ntries , letters of character reference submitted on his behalf and the administrative separation p rocess, the Board found Therefore, the awarded characterization of service shall GENERAL (UNDER HONORABLE CONDITIONS) 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

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