Search Decisions

Decision Text

NAVY | DRB | 2010_Navy | ND1000869
Original file (ND1000869.rtf) Auto-classification: Denied

ex-MASN, USN
Current Discharge and Applicant’s Request
Application Received: 20100113
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)        20040527 - 20050130     Active:  

Period of Service Under Review:
 Date of Current Enlistment: 20050131     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 2006111 3      Highest Rank/Rate: MASN
Length of Service : Y ear ( s ) M onth ( s ) 13 D a y ( s )
Education Level:        AFQT: 38
Evaluation M arks:         Performance: 4.0 ( 1 )      Behavior: 4.0 ( 1 )        OTA: 3.67

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:           Rehabilitation/Treatment:                 Criminal Records:       
         Personal Documentation:           Community Service:                References:     
         Department of VA letter:                  Other Documentation:    
                  Additional Statements:
         From Applicant:           From/To Representation:           From/To Congress member:        

Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 16, effective 24 July 2006 until 28 May 2008,
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 wants to reenlist in military.
2.       Applicant contends he no longer has a personality disorder.
Decision

Date: 20 1 1 0324             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 evidence submitted by the Applicant . The Applicant’s record of service did not include any NAVPERS 1070/613 (Page 13) warnings, non-judicial punishments, or trials by court-martial for violation of the Uniform Code of Military Justice. However, the Applicant was properly diagnosed with Personality Disorder , Not Otherwise Specified, and Adjustment Disorder with Anxiety and Depression on 16 October 2006 by the clinical psychiatrist at the U.S. Naval Hospital, Rota, Spain . Based on this diagnosis, his command processed him for administrative separation. When notified of administrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel and submit a written statement.

: (Nondecisional) The Applicant wants to reenlist in the military. He received an Honorable discharge for P ersonality D isorder , but his reentry (RE) code of R E-4 renders him ineligible for reenlistment . Typically, service members separated for personality disorder, especially without any record of misconduct, are issued an RE code that would render them eligible for reenlistment except for a disqualifying factor . T he NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces and is not authorized to change a n RE code. 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. Additionally, o nly the Board for Correction of Naval Records can make changes to reenlistment codes.

 : (Decisional) ( ) . The Applicant contends he no longer has a personality disorder . He p rovided post-service documentation to support his contention . In 2006, t he Applicant was diagnosed with Personality Disorder , Not Otherwise Specified , and Adjustment Disorder with Anxiety and Depression by competent medical authority at U.S. Naval Hospital, Rota, Spain , and was recommended for administrative separation from the Navy. D ocumentation provided by the Applicant indicates there is no evidence that he still has a personality disorder . However, t he NDRB determined the reason for discharge reflect ed the Applicant’s mental health status at the time of his discharge and was proper and equitable at the time of issuance. Therefore, Pe rsonality D isorder is an accurate narrative description of the reason for the Applicant's discharge. The Applicant’s contention that the personality disorder no longer exists , or has been overcome , does not provide a legitimate basis to revise official records that were accurate at the time of issuance. Relief denied .

Summary: After a thorough review of the available evidence, to include the Applicant’s s ummary of s ervice, r ecord e ntries, and d ischarge p rocess, 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 for additional information.


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 | 2013_Navy | ND1301608

    Original file (ND1301608.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated 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: Other Documentation: Additional Statements: From Applicant: From/To Representation: From/To Congress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

  • USMC | DRB | 2006_Marine | MD0600226

    Original file (MD0600226.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “Secretarial Authority.” The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area. The patient denied symptoms of psychosis, including auditory and visual hallucinations, paranoia, ideas of reference, or an active delusional system. The Applicant provided one...

  • NAVY | DRB | 2006_Navy | ND0600360

    Original file (ND0600360.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “ completed 4 year enlistment: “expiration of active obligated service” EAOS.” The Applicant requests a documentary record discharge review. Applicant was considered self-destructive and a continuing risk of harm to self or others.010411: Applicant notified of intended recommendation for discharge with the least...

  • NAVY | DRB | 2005_Navy | ND0501340

    Original file (ND0501340.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable or general (under honorable conditions). After serving for 2 years, 3 months and 11 days, this Applicant was Under Other Than Honorable Conditions discharged and separated for misconduct authorized by MILPERSMAN 3630600. Additionally, she pled guilty to defrauding the government of over $3,000.00 through similar means for a separate travel claim last...

  • NAVY | DRB | 2005_Navy | ND0501559

    Original file (ND0501559.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant can provide documentation to support post-service accomplishments or any other evidence related to the discharge at that time. The names, and votes of the members of the 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

  • NAVY | DRB | 2004_Navy | ND04-00513

    Original file (ND04-00513.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. No indication of appeal in the record.970712: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure as evidenced by your inability to successfully complete Level III rehabilitation treatment program, misconduct due to a pattern of misconduct as evidenced by two nonjudicial punishments...

  • USMC | DRB | 2012_Marine | MD1201106

    Original file (MD1201106.rtf) Auto-classification: Denied

    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. Full relief by changing the Personality Disorder narrative reason was not granted due to competent medical authority diagnosing the Applicant while in service.Summary: After a...

  • NAVY | DRB | 2014_Navy | ND1400086

    Original file (ND1400086.rtf) Auto-classification: Denied

    There is no indication in the evidence of record or in the documentation submitted by the Applicant that the Applicant was recommended for or processed for a medical board for PTSD by proper authority. The NDRB determined his discharge for Personality Disorder was proper, and no other narrative reason for separation more clearly describes why the Applicant was discharged. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal...

  • 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...

  • USMC | DRB | 2007_Marine | MD0700041

    Original file (MD0700041.rtf) Auto-classification: Denied

    Record of service. Certain serious offenses, even though isolated, warrant separation from the Naval service in order to maintain proper order and discipline.The Applicant’s service was marred by one retention warning, one nonjudicial punishment for Articles 117, 128, and 134, and a guilty finding and sentence at a Special Court-Martial for Articles 128 and 134. SJA review (date): Separation Authority (date): NOT FOUND IN RECORD Basis for discharge directed: NOT FOUND IN...