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NAVY | DRB | 2010_Navy | ND1001367

Original file (ND1001367.rtf) Auto-classification: Denied

ex-SR, USN

Current Discharge and Applicant’s Request

Application Received: 20100511

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)        20050712 - 20051211     Active:

Period of Service Under Review:
Date of Current Enlistment: 20051212     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20060906      Highest Rank/Rate: FN
Length of Service : Y ear s M onth s 25 D a ys
Education Level:        AFQT: 95
Evaluation M arks:         Performance: 3.0 ( 2 )      Behavior: 3.0 ( 2 )        OTA: 3.00

Awards and Decorations ( per DD 214):

Periods o f UA /C ONF :

NJP :     S CM :    SPCM:    C C :

Retention Warning Counseling :

- 20060127 :       For identified deficiencies in performance to include: recruit to recruit contact, provoking speeches and gestures while in a training status, sub-standard performance, and an overall lack of military bearing.

Administrative Corrections to the Applicant’s DD 214

The NDRB note d an administrative error on the original DD Form 214:

         “ TL - NONE ”

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.       Nondecisional issues: T he Applicant seeks an unspecified change in his narrative reason for discharge in order to enlist in the U.S. Coast Guard .

2.       Decisional issues: The Applicant contends that his narrative reason for discharge was the result of an incorrect diagnosis as evidenced by his supporting documentation; as such, A pplicant seeks a change in the narrative reason for his discharge.

Decision

Date: 20 1 1 08 0 4            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 equ ity 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 issue related to the propriety or equity of his discharge for consideration by the NDRB; additionally, 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 wa s a 20-year-old enlistee who enlisted in the Naval Service on a four-year contract with a 24-month extension for guaranteed training in the Nuclear Field. The Applicant completed 9 months of his six-year contractual obligation. The Applicant’s record of service documents no judicial or non-judicial punishments for violations of the Uniform Code of Military Justice (UCMJ), but does document that he recei ve d a NAVPERS 1070-613 retention- warning counseling entry in his service record for noted deficiencies in his performance and conduct while undergoing basic recruit training .

The Applicant’s record of service and medical records further document that appropriately credentialed mental health care providers diagnosed the Applicant with a Personality Disorder , Not Otherwise Specified on 19 August 2006 following referral for a Psychiatric evaluation; the Applicant had presented in the emergency room for a “crisis intervention” following a suicidal gesture . The diagnostic evaluation state d that the Applicant has manifest ed behaviors and symptoms consistent with a personality disorder that was unlikely to improve in the military environment and that the command should consider separation based on the diagnosis of P ersonality D isorder. At that time, the Applicant provided informed consent of th e diagnosis, the proposed medication for symptom management, and the requirements for follow-up counseling . On 09 September 2006, the Applicant was discharged from the Naval Service with a General (Under Honorable Conditions) characterization of his service. The involuntary discharge action was based on a diagnosed personality disorder of such severity as to render the member incapable of serving adequately in military service - in any capacity - in accordance with Article 1910-122 of the Naval Military Personnel Manual (MILPERSMAN) - Convenience of the Government, Personality Disorder.

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. The NDRB was unable to review the Applicant’s discharge package to determine if the Applicant was afforded all administrative rights regarding the separation. The Applicant provided one supporting document regarding his current mental health status to challenge his narrative reason for separation at discharge.

Nondecisional Issue - The Applicant seeks a change in the narrative reason for discharge in order to facilitate reenlistment in the U.S. Coast Guard . The NDRB has no jurisdiction or authority over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces; regulations specifically limit the NDRB’s review to a determination regarding the propriety and equity of a discharge. A request for a waiver may however, be submitted during the processing of a formal application for reenlistment with a recruiter ; neither a less than fully honorable discharge, nor an unfavorable "RE" code or narrative reason for discharge is, in itself, a bar to reenlistment.

: (Decisional) ( ) –RELIEF NOT WARRANTED. The Applicant contends that his narrative reason for discharge - Personality Disorder - was the result of an incorrect diagnosis as evidenced by his supporting documentation.

Propriety - Pursuant to paragraph 1910-122 of the MILPERSMAN, service members may be processed for separation based on a Mental Health Care Professional ’ s clinical diagnosis of a personality disorder when : (1) that disorder is so severe that one ’ s ability to function effectively and perform their duties is significantly impaired ; and (2), the individual poses a threat to the safety or well being of themselves or others. The Applicant originally presented for mental health evaluation while in Naval Nuclear Power Training school due to experiencing increasing difficulties with his academic performance. The Applicant revealed an undisclosed pre-service history of mental health counseling and treatment for Attention Deficit Hyperactivity Disorder ( ADHD ) - since age 10 - and provided a copy of his pre-service medical treatment records, documenting the treatment history. Based on a review of his civilian medical records , a continued need for medical therapy , coupled with demonstrated reliability issues , the Applicant was determined to not be physically qualified for nuclear duties . He was subsequently re-assigned, administratively reduced to E-1 pursuant to his enlistment agreement , and was provided long - term counseling and a medication regimen for treatment . On 18 August 2006, the Applicant presented in the military treatment facility emergency room for a suicidal gesture (self-inflicted lacerations to his arms) and was referred for a mental health evaluation. The Applicant was recommended subsequently for separation by the Naval Hospital S taff P sychiatrist based on both the documented suicidal gesture and a stated history of cutting himself sinc e age 14.

The record of evidence reflects the Applicant met the requirements for administrative separation due to Convenience of the Government (Personality Disorder) . A c redentialed Mental Health Care Provider properly diagnosed the Applicant ; th e diagnosis considered the Applicant’s current psychological issue (crisis intervention with suicidal gesture) and his s t ated history of cutting himself , coupled with his pre-service records related to undisclosed counseling and a diagnosis of ADHD . The Applicant’s service record also provided performance and conduct related issues throughout entry-level training and assignment to anger management classes early in his service. Given the Applicant’s undisclosed pre-service mental health record, his current diagnosis, and his performance and conduct issues since enlistment, the Separation Authority determined that the discharge recommendation of Personality Disorder was appropriate based on the separation package that was endorsed and forwarded to him .

The Applicant contends that he did not have a Personality Disorder and provided a post-service evaluation dated January 2010 in support of his contention. Based on a review of the Applicant’s medical and service record and his post - service documentation, the NDRB determined the reason for discharge did reflect the Applicant ’ s mental health status at the time of his discharge and was proper and equitable at the time of issuance. Personality Disorder is an accurate narrative description of the reason for the Applicant ’ s discharge. The 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. As such, the NDRB determined no impropriety in the discharge action; the proper narrative reason for separation from the Naval S ervice was Convenience of the Government - Personality Disorder. Accordingly, relief based on propriety is not warranted.

Equity - 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 clear ly 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 outweighed the positive aspects of his record. The NDRB determined that the Applicant ’ s service was honest and faithful but that the evidence of record, to include the Applicant’s performance and conduct in training, coupled with his fraudulent enlistment due to his failure to disclose pre-service mental health treatment, were significant negative aspects of the Applicant ’ s conduct and performance that did out weigh the positive aspects of his record. Accordingly, the NDRB determined that the awarded characterization of the Applicant’s service at discharge was proper and was equitable and that a change is not warranted and would not be appropriate. Relief denied.

S ummary : After a thorough review of the available evidence, to include the Applicant’s summary of service, and medical record entries, additional supporting documentation, and the discharge process, the NDRB determined that the discharge was proper and equitable as issued. Therefore, the awarded characterization of service shall remain 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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NAVY | DRB | 2010_Navy | ND1001367

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