Search Decisions

Decision Text

NAVY | DRB | 2010_Navy | ND1002005
Original file (ND1002005.rtf) Auto-classification: Denied

ex-YNSR, USN
Current Discharge and Applicant’s Request
Application Received: 20100811
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

Applicant’s Request:      Characterization change to:      
         Narrative Reason change to:       REQUESTED BUT NOT SPECIFIED

Summary of Service

Prior Service:
Inactive:         US N R (DEP)        20060420 - 20070107     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20070108     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20090730      Highest Rank/Rate: YNSR
Length of Service : Y ear s M onth s 23 D a ys
Education Level:        AFQT: 55
Evaluation M arks:         Performance: 3.0 ( 1 )      Behavior: 1.0 ( 1 )        OTA: 1.67

Awards and Decorations ( per DD 214):      NAVY “ E” NDSM GWOTEM SSDR

Periods of UA /C ONF :

NJP : 1 (*extracted from 20080716-20090730 Evaluation Report comments)
- 20081210: Article 86 (Absence without leave)
                  Article 91 ( Insubordinate conduct toward warrant, noncommissioned, or petty officer)
                  Awarded: NFIR
S CM : NONE       SPCM:    C C :      Retention Warning Counseling : NFIR

Administrative Corrections to the Applicant’s DD 214

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

          “ GENERAL (UNDER HONORABLE CONDITIONS) ”
        
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 :        


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

 1.        The Applicant contends his discharge is inequitable , because the Navy never took into account the death of his mother.
2.       The Applicant contends that command climate problems aboard ship were contributing factors in his misconduct.
Decision
Date: 20 1 1 12 05             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 discharg e 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 identified two decisional issues for the Board’s consideration. Although portions of the Applicant’s service records were incomplete (missing administrative separation documentation to include AdSep notification and acknowledgment of rights forms, Commanding Officer comments and endorsement , and the Separation Authority Decision Letter), t he Board complete d a thorough review of the circumstances that led to his discharge and the discharge process to ensure his discharge met the pertinent standards of equity and propriety. The A pplicant ’s record of service include d an evaluation and counseling report (dated 16 Jul 2008 - 30 Jul 2009) indicat ing the Applicant received Capta i n’s Mast (NJP) for violation of UCMJ Article 86 (Absence without leave) and Article 91 ( Insubordinate conduct toward warrant, noncommissioned, or petty officer ). Comments within the evaluation report stated the Applicant “failed to meet basic Navy standards of performance during his time in the engineering department . ” The record also revealed that the Applicant had self-referred to a local civilian hospital for suicide ideation , which resulted in an initial diagnosis of Anxiety and Depression. The Applicant was subsequently transferred to Naval Medical Center Portsmouth , VA where an in-depth mental health exam resulted in a diagnosis of Personality Disorder that was exacerbated by the Applicant’s bereavement (likely due to his mother’s death). Based on the Applicant’s record and the medical officer’s recommendation, the Applicant’s C ommanding O fficer administratively processed him for separation on the basis of Personality Disorder . The NDRB did not have the Applicant’s administrative separation package to determine whether t he Applicant exercised or waived his rights to consult with a qualified counsel , submit a written statement , and request a General Court Martial Convening Authority review. The Applicant was separated from the Navy on 30 Jul 2009 with a General (Under Honorable Conditions) discharge due to Personality Disorder.

Issues 1-2 : (Decisional) ( ) . The Applicant contends that command climate problems aboard ship contribut ed to his misconduct and that his discharge wa s inequitable , because the Navy never took into account the death of his mother . T he NDRB is not an investigative body and allegations of command legal or administrative impropriety or personnel harassment should be made to the Naval Inspector General ’ s Office. Allegations notwithstanding, the NDRB conducted a n exhaustive review of the Applicant’s service records to determine whether his discharge met the pertinent standards of equity and propriety. After review of all the available documentation, the Board could find no evidence of command impropriety. In fact, evidence within the records indicates that on 7 Jan 2009 , the Applicant’s command favorably endorsed his 4 Jan 2009 request for early release from the Navy. On 26 Mar 2009, the Commander, Navy Personnel Command directed that the Applicant be released from active duty service and transferred to the U.S. Navy Reserve on 7 Jan 2010, which was exactly 12 months prior to his end of active obligated service (EAOS). However, on or about Jun 2009 , the Applicant referred himself to a local hospital due to stress and thoughts of suicide. After initial stabilization and evaluation, he was determined to be exhibiting signs of anxiety and depression. He was transferred to Naval Medical Center Portsmouth, VA where he received an in-depth mental health evaluation that resulted in a diagnosis of Personality Disorder. Based on the Applicant’s performance records (which included an April 2008 incident in which the Applicant voiced a homicidal ideation in the workplace), medical diagnosis o f Personality Disorder and the medical officer’s recommendation, the Applicant’s Commanding Officer processing him for administrative separation per Naval Military Personnel Manual section 1910-122. After detailed examination and review of the Applicant’s records, the NDRB found that the Applicant’s discharge was proper and equitable, and in accordance with the applicable orders and directives in effect at the time of his separation. Accordingly, the Board determined this issue did not provide a basis for which relief could be granted. Relief denied.

Summary: After a thorough review of the available evidence, to include the Applicant’s s ummary of s ervice and r ecord e ntries , 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.

Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560D), Change 23, effective 29 May 2008 until 20 August 2009, 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 .



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 | 2009_Navy | ND0902153

    Original file (ND0902153.rtf) Auto-classification: Denied

    After a careful review of the Applicant’s enlistment documentation, the NDRB determined the Applicant’s enlistment contract was very clear as to the specifics of what he was guaranteed and this issue is without merit.Issue 2: (Decisional) () . In the Applicant’s letter dated 1 April 2007, he stated, “While enlistment is still temporary (four years of active duty), it will be a change that I have never been through up until now. ” Additional Reviews : After a document review has been...

  • USMC | DRB | 2015_Marine | MD1500097

    Original file (MD1500097.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Based on the Article 112a violation, processing for administrative separation is mandatory. ” 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.

  • USMC | DRB | 2011_Marine | MD1101780

    Original file (MD1101780.rtf) Auto-classification: Denied

    The Applicant submitted a copy of the acknowledgment of his separation proceedings that shows he requested an administrative separation board. ” 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 purpose of enhancing reenlistment opportunities.

  • NAVY | DRB | 2008_Navy | ND0800501

    Original file (ND0800501.rtf) Auto-classification: Denied

    The Board determined the awarded discharge was appropriate After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found Dissenting opinionTwo of the Board members concurred with the Applicant’s contention that the characterization of service was too harsh based on the evidence of record. ” Additional Reviews : Subsequent to a document review, former members are...

  • 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 | 2009_Navy | ND0902151

    Original file (ND0902151.rtf) Auto-classification: Denied

    ” 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 purpose of enhancing reenlistment opportunities. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

  • USMC | DRB | 2013_Marine | MD1301495

    Original file (MD1301495.rtf) Auto-classification: Denied

    On 20090729 SNM was observed operating a POV and in by doing so disregarded restriction policy limits set forth 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...

  • NAVY | DRB | 2009_Navy | ND0900652

    Original file (ND0900652.rtf) Auto-classification: Denied

    Violation of Article 112a (Drug abuse) is one such offense requiring mandatory separation regardless of time in service, grade or record of service. The NDRB determined the awarded discharge was appropriate and an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures...

  • NAVY | DRB | 2011_Navy | ND1101286

    Original file (ND1101286.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entriesand 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...

  • NAVY | DRB | 2012_Navy | ND1200630

    Original file (ND1200630.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.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...