Search Decisions

Decision Text

NAVY | DRB | 2010_Navy | ND1002195
Original file (ND1002195.rtf) Auto-classification: Denied

ex-LS3, USN
Current Discharge and Applicant’s Request
Application Received: 20100908
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

Applicant’s Request:      Characterization change to:      
         Narrative Reason change to:       CONVENIENCE OF THE GOVERNMENT

Summary of Service
Prior Service:
Inactive:         US N R (DEP)        20060110 - 20060710     Active:  

Period of Service Under Review:
Date of Current Enlistment: 200 6 0711     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20091112      Highest Rank/Rate: LS3
Length of Service : Y ear ( s ) M onth ( s ) 02 D a y ( s )
Education Level:        AFQT: 54
Evaluation M arks:         Performance: 3.8 ( 5 )      Behavior: 3.2 ( 5 )        OTA: 3.50

Awards and Decorations ( per DD 214):      GC M (2) EAWS ESW S

Period s of UA/ C ONF : UA: 20090923 - 20091019 ( 26 days )              CONF:

NJP :
- NFIR :   Article NFIR [Extracted from Evaluation Report & Counseling Record , dtd 200707- 200806]
         Awarded : Susp ended:

S CM :             SPCM:             C C :               Retention Warning Counseling :

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:
          “ 09SEP23-09OCT19 ”
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 15560D), Change 28, effective 21 August 2009 until Present, 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.        Applicant seeks changes to his RE code and separation code (SPD) listed on his DD Form 214.
2.       Applicant contends his 7 0% VA disability rating and medical evaluations indicate he does not have a personality disorder.

Decision

Date: 20 1 2 0104             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 discharg e if such change is warranted. In reviewing discharges, the Board presumes regularity in t he conduct of g overnment al affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. Although the Applicant’s service records are incomplete (missing administrative separation documentation to include: notification of administrative separation and acknowledgment of rights forms, commanding officer comments and endorsement, and the Separation Authority decision letter), the Board completed a thorough review of the records to determine whether discharge met the pertinent standards of equity and propriety. The Applicant’s record of service did reflect one for unspecified violations(s) o f the Uniform Code of Military Justice (UCMJ) . The record also revealed the Applicant was in an unauthorized absence (UA) status from 23 Sep-19 Oct 2009 (26 days) , which was terminated by his apprehension. Although the NDRB did not have the Applicant’s administrative separation package, the separation authority, narrative reason , and separation code listed on his DD Form 214 indicate he was processed for discharge due to a personality disorder. Since the Board did not have the Applicant’s administrative separation package , it could not determine whether he 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 12 Nov 2009 with a General (Under Honorable Conditions) discharge due to Personality Disorder.

: (Nondecisional) The Applicant seeks changes to his RE code and separation code on his DD Form 214. 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 B oard 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.

: ( D ecisional) (Propriety/Equity) RELIEF NOT WARRANTED. The Applicant contends his 7 0% VA disability rating and medical evaluations indicate he does not have a personality disorder. The Applicant submitted VA Decision Letter documentation (dated 12 Apr 2010) to the Board that indicates he received a post-service diagnosis and subsequent VA compensation for major depressive disorder. However, w ithout a separation package in the Applicant’s service record, the NDRB presume s regularity in that he was properly evaluated and diagnosed with a personality disorder while in service. 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. Moreover, w ith one NJP and a 26 day period of unauthorized absence (terminated by apprehension) , the awarding of a General (Under Honorable Conditions) discharge was appropriate and was in keeping with the type of discharge awarded to other Sailors with the same or similar misconduct. The evidence of record does not demonstrate the Applicant was not responsible for his conduct or he should not be held accountable for his actions. When a Sailor’s service has been honest and faithful, it is appropriate to characterize that service under H onorable conditions. A General (Under Honorable Conditions) discharge is warranted when the quality of the member’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance of duty outweigh the positive aspects of the member’s service record. The Applicant’s conduct, which forms the primary basis for determining the character


of service, reflects the Applicant’s willful failure to meet the requirements of conduct expected of all Sailors, especially considering his grade and length of service, and f alls short of w hat is required for an upgrade in the characterization of service.
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.


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 | 2015_Navy | ND1500030

    Original file (ND1500030.rtf) Auto-classification: Denied

    Based on the Applicant’s condition, his command processed him for administrative separation. ” 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 does not have the authority to change a narrative reason for separation to one indicating a medical disability or other medical related reasons.

  • NAVY | DRB | 2013_Navy | ND1301803

    Original file (ND1301803.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks to improve his employment opportunities and receive the G.I. 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...

  • NAVY | DRB | 2012_Navy | ND1200274

    Original file (ND1200274.rtf) Auto-classification: Denied

    ]SCM:SPCM:CC:Retention Warning Counseling: 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...

  • NAVY | DRB | 2013_Navy | ND1301708

    Original file (ND1301708.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant wants an upgrade for employment opportunities.2. 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...

  • NAVY | DRB | 2014_Navy | ND1400245

    Original file (ND1400245.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends his discharge was unjust. The administrative board voted 3-0 that the preponderance of the evidence supported the Applicant had committed misconduct and recommended his separation with a General (Under Honorable Conditions) characterization of service. ” Additional Reviews : After a document review has been conducted, former members are eligible for a...

  • NAVY | DRB | 2013_Navy | ND1300993

    Original file (ND1300993.rtf) Auto-classification: Denied

    Based on the offenses committed by the Applicant, command administratively processed for separation. Relief 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...

  • NAVY | DRB | 2015_Navy | ND1500402

    Original file (ND1500402.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 remain UNDER OTHER THAN HONORABLE CONDITIONS and the narrative reason for separation shall remain MISCONDUCT (SERIOUS OFFENSE). ” Additional Reviews : After a...

  • NAVY | DRB | 2013_Navy | ND1300722

    Original file (ND1300722.rtf) Auto-classification: Denied

    The Applicant contends he was not provided a fair and impartial hearing during his Administrative Separation Board.The NDRB conducted a complete review of his service record, to include his lawyer’s Letter of Deficiency submitted after his admin board, and found that he was provided full due process during the administrative separation process, and he received a fair and impartial hearing at his Administrative Separation Board. Relief denied.Summary: After a thorough review of the available...

  • NAVY | DRB | 2013_Navy | ND1301767

    Original file (ND1301767.rtf) Auto-classification: Denied

    Based on the commission of a serious offense, the Applicant’s command administratively processed for separation.The NDRB did not have the Applicant’s administrative separation package to determine whether or not the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request a General Court-Martial Convening Authority review. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance...

  • NAVY | DRB | 2014_Navy | ND1401238

    Original file (ND1401238.rtf) Auto-classification: Denied

    Based on the offense(s) committed by the Applicant, command administratively processed for separation. As an administrative separation is not considered to be disciplinary action, but administrative in nature, the NDRB determined that, even if the NJP was not in the Applicant’s record, a preponderance of evidence supported administrative separation from the Navy for commission of a serious offense. ” Additional Reviews : After a document review has been conducted, former members are...