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NAVY | DRB | 2010_Navy | ND1001467
Original file (ND1001467.rtf) Auto-classification: Denied

ex-SN, USN
Current Discharge and Applicant’s Request
Application Received: 20100506
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)        20020510 - 20021021     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20021022     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20031212      Highest Rank/Rate: SN
Length of Service : Y ear M onth 21 D a ys
Education Level:        AFQT: NFIR
Evaluation M arks:         Performance: NFIR         Behavior: NFIR   OTA: NFIR
Awards and Decorations ( per DD 214):     

Periods of UA /C ONF :

NJP : 2

- 20030716:      Article 92 (Failure to obey order or regulation, dereliction of duty)
         Awarded: FOP EPD Suspended: FO P (Vacated 2030926)

 - 20030926 :       Article 86 (A bsence without leave, failure to go to appointed place of duty)
         Awarded : Susp ended:

S CM : NONE       SPCM:    C C :

Retention Warning Counseling : 1

- 20030716 :       For recommendations for corrective actions following NJP for failure to obey order or regulation.

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), re-issued October 2002, effective 22 August 2002 until 19 June 2005, Article 1910-122, Separation By Reason of Convenience of the Government - Personality Disorder(s).

B. Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until 25 April 2005, Article 1910-140, SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.

C . 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

 The Applicant did not identify any issues related to the propriety or equity of the discharge action.

Decision

Date: 20 1 1 0818            Location: Washington D.C .        R epresentation : NONE

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 any issue s related to the propriety or equity of his discharge 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 was a n 18 -year-old enlistee who enlisted in the Naval Service on a four-year contract with a 24-month extension for guaranteed training in the Fire Control Field . The Applicant completed 13 months of his six-year contractual obligation. The Applicant’s record of service documents two non judicial punishments for violations of the Uniform Code of Military Justice (UCMJ) : specifically , Article 86 (Absence without leave, failure to go to appointed place of duty) and Article 92 (Failure to obey lawful orders, dereliction of duty). Additionally, the Applicant received a NAVPERS 1070-613 retention-warning counseling entry in his service record for noted deficiencies in his performance and conduct (failure to obey orders and regulations) while undergoing basic recruit training.

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 passive aggressive features on 27 October 2003 following three months of treatment by the staff psychologists and psychiatrist. T he Applicant ’s treatment record includes present ing in the emergency room for a “crisis intervention . ” The Applicant’s record also reflects a diagnosis of failure to comply for his no - shows to treatment programs throughout his evaluation and treatment period. The diagnostic evaluation stated that the Applicant has manifested 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 Personality Disorder. At that time, the Applicant provided informed consent of the diagnosis, the proposed medication for symptom management, and the requirements for follow-up counseling. On 12 December 2003 , 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 Applicant’s record further documents notification for discharge pursuant to two reasons for separation: Convenience of the Government (Personality D isorder) and Misconduct (Pattern of Misconduct). In approving the discharge action, the Separation Authority determined that the A pplicant’s record of service supported both reasons for discharge, but that Personality Disorder would be the primary basis for separation. The NDRB review ed the Applicant’s discharge package to determine if he was afforded all administrative rights regarding the separation. The Applicant was notified - in writing - of the pending discharge action with a dual basis for separation; furthermore, he was advised that the least favorable characterization of his service at discharge could be General (Under Honorable Conditions) . The Applicant elected to waive his right to consult with legal counsel and to provide written matters for the Separation Authorit y’s consideration. In accordance with the MILPERSMAN, the Applicant’s discharge action did not warrant the right to request an administrative hearing board be convened.



( NDRB Review ) ( ) . The record of evidence reflects the Applicant met the requirements for administrative separation due to Convenience of the Government (Personality Disorder). A credentialed Mental Health Care Provider properly diagnosed the Applicant; the diagnosis considered the Applicant’s current psychological issue ( emergency room crisis intervention ) and his demonstrated inability to conform to a military environment. The Applicant’s service record also documents his performance and conduct related issues throughout entry-level training and assignment to counseling services early in his service. Given the Applicant’s performance and conduct issues since enlistment, coupled with his inability to conform and his passive aggressive conduct, 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 and that retention was not warranted .

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 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 includ ing the Applicant’s performance and conduct in training, coupled with his refusal to abide by training regulations or conform to expected military standards of comportment , were significant negative aspects that did outweigh the positive aspects of his record. Accordingly, the NDRB determined that the awarded characterization of the Applicant’s service at discharge was proper , was equitable , and that a change is not warranted and would not be appropriate. Accordingly, Applicant’s petition for relief is 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

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