Search Decisions

Decision Text

NAVY | DRB | 2010_Navy | ND1001208
Original file (ND1001208.rtf) Auto-classification: Denied

ex-YNSN, USN
Current Discharge and Applicant’s Request
Application Received: 20100202
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

Applicant’s Request:      Characterization change to:      
         Narrative Reason change to:       CONVENIENCE OF GOVT: PERSONAL REASONS

Summary of Service

Prior Service:
Inactive:         US N R (DEP)        20050331 - 20051004     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20051005     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20080404      Highest Rank/Rate: YNSN
Length of Service : Y ear ( s ) M onth ( s ) 00 D a y ( s )
Education Level:        AFQT: 44
Evaluation M arks:         Performance: 3.0 ( 5 )      Behavior: 2.2 ( 5 )        OTA: 3.00

Awards and Decorations ( per DD 214):      NONE

Periods of UA /C ONF :

NJP :
- 20080304 :       Article (Failure to obey order or regulation)
         Awarded : Susp ended:

S CM :

SPCM:

C C :

Retention Warning Counseling :
- 20080304 :       For failure to obey order or regulation.
- 20080306 :       For your diagnosis with borderline personality disorder and you are deemed fit for full duty during a psychiatric evaluation on 20080305. This condition does not meet legal criteria of a mental illness, but rather, is a longstanding disorder of character and behavior, which often renders individuals incapable of serving adequately in the Navy. You have demonstrated an impaired ability to function effectively in the Navy environment and threatened your own safety. You have been extended excess to care as well as MCBH Family Service Center counselors. The Commanding Office and his medical representatives have afforded you every possible avenue of treatment required for this condition. You may be processed for separation if you continue to demonstrate an impaired ability to function effectively in the Navy environment, have difficulty performing your duties, or pose a threat to the safety of yourself or others. If you fail to seek and complete treatment, it may be inappropriate to continue to subject you to the stress and rigors of military service.





Administrative Corrections to the Applicant’s DD 214

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

          “ 02 06 00 ”
         Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, should read: “ NATIONAL DEFENSE SERVICE MEDAL, LETTER OF COMMENDATION ”
         “ 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. The Applicant seeks a change in his RE-code in order to reenlist into the Navy or other branches of the Armed Forces.
 2 . The Applicant contends her diag nosis of personality disorder is unfounded and untrue.

Decision

Date: 20110609 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 governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Board did complete 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 included NAVPERS 1070/613 (Page 13) warning s and for o f the Uniform Code of Military Justice (UCMJ): Article (Failure to obey order or regulation by disobeying a Military Protective Order issued by the Commanding Officer to stay away from her husband ). Additionally, the Applicant was seen by numerous medical professionals to deal with personal issues dealing with tragedy in her family and troubles within her marriage. She was diagnosed with a Major Depressive Disorder, Adjustment Disorder , and Borderline Personality Disorder. Based on the Applicant ’s ongoing mental health issues and diagnosis , command administratively processed for separation. When notified of administrative separation processing using the procedure, the Applicant waived rights to co nsult with a qualified counsel and to submit a written statement for consideration by the separating authority and a General Court-Martial Convening Authority review.

 : (Nondecisional) The Applicant seeks a change in her RE-code in order to reenlist into the Navy or other branches of the Armed Forces. 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 Board for Correction of Naval Records 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.
: (Decisional) ( ) . The Applicant contends her diagnosis of personality disorder is unfounded and untrue. The NDRB, under its responsibility to examine the propriety and equity of an Applicant ’ s discharge, will change the reason for discharge if such a change is warranted. The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The Applicant was diagnosed with a personality disorder by a competent medical authority on 6 March 2008 . A medical board is not required to confirm this diagnosis. The substantial evidence in the Applicant’s medical record of ongoing depression, desire to hurt herself, and suicidal ideations did not persuade the NDRB that this diagnosis and subsequent administrative separation were improper or inequitable. The NDRB determined that the Applicant’s discharge, based on the diagnosis, was proper and warranted. Relief denied.
Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and record entries, and discharge process, 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, Reenlistment/RE-code , 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 | 2007_Navy | ND0700844

    Original file (ND0700844.rtf) Auto-classification: Denied

    The Applicant’s conduct during the current period of service, which forms the primary basis for determining the character of his service, was marred by an attempted suicide, her refusal to move onto Base Quarters, and her unwillingness to leave her children behind when her ship would have deployed.An upgrade to honorable would be inappropriate.Issue 3: (Equity). After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record...

  • NAVY | DRB | 2011_Navy | ND1101958

    Original file (ND1101958.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/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

  • NAVY | DRB | 2015_Navy | ND1501043

    Original file (ND1501043.rtf) Auto-classification: Denied

    Narrative Reason for Discharge: (per DD 214) PERSONALITY DISORDER Reenlistment Code: RE-4 Authority for Discharge: (per DD 214) MILPERSMAN 1910-122 [PERSONALITY DISORDER] Frequently you demonstrate a negative attitude in the office by not attempting to show any interest in working in the Admin Department. ” 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...

  • NAVY | DRB | 2012_Navy | ND1201612

    Original file (ND1201612.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends she was a good Sailor with no misconduct. ” 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. Additionally, the NDRB has no authority to upgrade a discharge for the sole...

  • 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 | 2011_Navy | ND1101388

    Original file (ND1101388.rtf) Auto-classification: Denied

    Relief granted.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 and the narrative reason for separation shall change to.The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. ” Additional Reviews : After a document review has been conducted, former members...

  • USMC | DRB | 2013_Marine | MD1301460

    Original file (MD1301460.rtf) Auto-classification: Denied

    Clemency denied.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 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. ” Additional Reviews : After a document review has been conducted, former members...

  • NAVY | DRB | 2009_Navy | ND0900892

    Original file (ND0900892.rtf) Auto-classification: Denied

    Service members receive a separate discharge characterization for each enlistment. 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 Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .For the Applicant’s edification, the NDRB is not an investigative body, and allegations of sexual assault should be...

  • NAVY | DRB | 2007_Navy | ND0700914

    Original file (ND0700914.rtf) Auto-classification: Denied

    ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.” Only the Board for Correction of Naval Records can grant this type of narrative reason change. With respect to a discharge adjudged by a...

  • NAVY | DRB | 2010_Navy | ND1001416

    Original file (ND1001416.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: Pertinent Regulation/Law A. ” Additional Reviews :...