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NAVY | DRB | 2010_Navy | ND1000959
Original file (ND1000959.rtf) Auto-classification: Denied

ex-EN3, USN
Current Discharge and Applicant’s Request
Application Received: 20100302
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)        20030228 - 20031116     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20031117     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20061030      Highest Rank/Rate: EN3
Length of Service : Y ear ( s ) M onth ( s ) 14 D a y ( s )
Education Level:        AFQT: 69
Evaluation M arks:         Performance: 3.3 ( 3 )      Behavior: 3.3 ( 3 )        OTA: 3.33

Awards and Decorations ( per DD 214):     

Periods of UA /C ONF :

NJP :     S CM :    SPCM:    C C :

Retention Warning Counseling :

- 20050429 :       For violation of A rticle 92, failure to obey a lawful regulation - underage drinking.

Administrative Corrections to the Applicant’s DD 214

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

          “ PERSONALITY DISORDER ”
        
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), 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. Decisional issues - The Applicant requests consideration for an upgrade in his characterization of service at discharge to Honorable, but did not identify an y specific issues regarding the propriety or equity of his discharge.

Decision

Date : 20 1 1 0407            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 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 did not identify an y specific issues for consideration by the NDRB , however, 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 contained one NAVPERS 1070/613 retention-counseling warning for violation of the Uniform Code of Military Justice (UCMJ): s pecifically, Article 92 ( failure to obey a lawful order or regulation – underage drinking).

The Applicant’s record of service and medical records document that appropriately credentialed mental health care providers diagnosed the Applicant with a Personality Disorder, not otherwise specified, with cluster B and Immature F eatures. He was recommend ed to receive continued counseling and medication for this diagnosis. Additionally, he was advised to cease his current use of cocaine while on active duty and the command was recommended to consider his fraudulent entry into the service for undisclosed pre-service drug use ( cocaine ) . On 06 October 2006, t he Applicant was recommend ed for expeditious administrative separation from the Naval Service by an appropriately credentialed mental health care provider; he was determined not to be suicidal or homicidal or a threat to himself or others a t that time and was responsible for his actions , but that his condition rendered him unsuitable for further military service. On 30 October 2006 , the Applicant was discharged from the Naval Service with a General (Under Honorable Conditions) characterization of service based on a personality disorder of such severity a s to render the member incapable of serving adequately in military service, in any capacity, in a ccordance with Article 1910-122 of the Naval Military Personnel Manual (MILPERSMAN). The presumption of regularity of governmental affairs was applied by the NDRB in this case in the absence of a complete discharge package in the Applicant’s service record. T he Applicant provided no documentation to challenge t he narrative reason for separation or the characterization o f his service.

 : (Decisional) ( ) - RELIEF NOT WARRANTED. The Applicant seeks a change in his characterization of service at discharge to Honorable . 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. 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 administrative separation by reason of Convenience of the Government (Personality Disorder ). T he Separation Authority determined that Personality Disorder was the more appropriate narrative reason for discharge. Furthermore, the diagnosing p sychologist clearly specified that the Applicant did not have a severe mental disorder and was considered to be not mentally disordered; as such, administrative discharge , vice a medical evaluation board with disability , is proper and was warranted. As such, the NDRB determined no impropriety in the discharge action; the proper narrative reason for separation from the Naval service was Convenience of the Government - Personality Disorder. Accordingly, r elief is not warranted.

(Equity) Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval Service. A review of the Applicant’s official service record reveals a retention warning for violation of lawful orders and regulations. Moreover, the Applicant’s record of service contained t he Applicant’s admission to in - service cocaine use that would have warranted separation for Misconduct (Drug Abuse) - punishable by punitive discharge and possible confinement if adjudicated and awarded as part of a sentence by a special or general court-martial. Additionally, the Applicant admitted to undisclosed pre-service cocaine use, also warranting separation for fraudulent entry into the armed forces.

An Honorable characterization of service is warranted when the quality of a member’s service meets the standard of acceptable conduct and performance for naval personnel, or is otherwise so meritorious that any other characterization of service would be clearly inappropriate. A General (Under Honorable Conditions) characterization of service is appropriate if the member’s service has been honest and faithful , but significant negative aspects of the member’s conduct or performance of duty outweigh ed the positive aspects of his record. A preponderance of the evidence reviewed supports the conclusion that the Applicant’s service was honest and faithful, but that significant negative aspects of his conduct during his service outweighed the positive aspects of his service record; as such, the command was justified in awarding the Applicant a General (Under Honorable Conditions) discharge. The NDRB determined an upgrade to an Honorable characterization of service would be inappropriate. Relief denied .

Summary : After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, additional supporting documentation submitted by the Applicant, and the discharge process, the Board found Therefore, the awarded characterization of service shall GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for separation shall remain PERSONALITY DISORDER. 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 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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