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NAVY | DRB | 2011_Navy | ND1100152
Original file (ND1100152.rtf) Auto-classification: Denied

ex-AT3, USN
Current Discharge and Applicant’s Request
Application Received: 20101026
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)        19991029 - 19991109     Active:  

Period of Service Under Review:
Date of Current Enlistment: 19991110     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 200 1 1105      Highest Rank/Rate: AT3
Length of Service: Y ear( s ) M onth( s ) 27 D a y ( s )
 Education Level:        AFQT: 70
Evaluation M arks:         Performance: NFIR         Behavior: NFIR   OTA: NFIR

Awards and Decorations ( per DD 214):      NONE

Periods of UA /C ONF :

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

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. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 32, effective 26 April 2001 until
21 August 2002, Article 1910-134, Separation by Reason of Defective Enlistments and Inductions - Fraudulent Entry Into the Naval Service.
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 contends his discharge was inequitable, because it was based on an isolated incident in 24 months of otherwise exemplary service.

Decision

Date: 20 1 2 02 09             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 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 identif ied one decisional issue for the Board ’s consideration . T he Board complete d 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 did not include any NAVPERS 1070/613 (Page 13) retention warnings, commanding officer nonjudicial punishment (NJP), or trial by courts-martial. The record did reveal a 2 Oct 200 1 psychiatry evaluation (N aval Station M ayport, FL) that resulted from a suicide ideation. The psychiatry report stated , “a 24 yo WM with 1 year 10 months active duty in the Navy reports 4-5 month history of depression, fatigue, increased sleep, decreased appetite, suicidal thoughts. H e also has prior history at age 18 of depression, suicide gesture and hospitalization for 10 days. He states he was on Prozac which made him sick, Zoloft which worked for only a short time and Xanax. He did not disclose prior history …. Please evaluate for need for medication … . Provisional Diagnosis: AXIS I Depressive Disorder NOS (not otherwise specified) vs. Depressive Personality Disorder . ” A follow-up evaluation on 5 Oct 2001 report ed a diagnosis of Personality Disorder NOS with borderline features, severe. The Applicant was found fit for full duty and fully responsible for his actions. The mental health physician recommended expeditious administrative separation of the Applicant stating , “ though not mentally ill, he has a longstanding disorder of character and behavior which (word unreadable) interfere with effective military service . ” On 9 Oct 2001, the Branch Head for the Mental Health Department, Naval Hospital , Jacksonville FL sent a memo to the Applicant’s Commanding Officer that included the following: “AXIS II - Personality Disorder NOS with Borderline features, severe, EPTE (existed prior to entry) …unsuitable for continued military service…considered potentially dangerous based on past history of suicide ideation and suicide attempt requiring hospitalization…recommend expeditious administrative separation. This service member does not have a severe mental disorder and is not considered mentally disordered. However, he manifests a long-standing disorder of character and behavior and adaptability that is of such severity so as to preclude adequate military service . Although not currently at significant risk for suicide or homicide, due to his lifelong pattern of maladaptive responses to routine personal and/or work-related stressors, he may become dangerous to himself or others in the future. The member is considered fully responsible for his actions. ”

Based on the Applicant’s record of service, medical officer findings and recommendations, and the Applicant’s potential for further service, the Commanding Officer elected to process for administrative separation. When notified of administrative separation processing (for Fraudulent Entry and Personality Disorder) using the procedure on 18 Oct 2001 , the Applicant waived rights to consult with a qualified counsel and submit a written statement . In his endorsement of the Applicant’s administrative separation package, the Applicant’s Commanding Officer stated , “Although (the Applicant) has met performance standards, he has had problems planning and prioritizing personal goals and commitments in conjunction with professional responsibilities. A recent evaluation by a Medical Healthcare Provider revealed that (the Applicant) was hospitalized and received mental health treatment prior to enlisting in the Navy. (The Applicant) elected not to disclose this information upon enlistment. This was evid ent by his answering N o to question number 19 on his Security Clearance Application (SF 86) when asked about his medical history prior to enlisting in the Navy . ” The Applicant was separated from the Navy on 5 Nov 2001 with a General (Under Honorable Conditions) disc harge due to Fraudulent Entry.



: (Decisional) ( ) . The Applicant contends his discharge was inequitable, because it was based on an isolated incident in 24 months of otherwise exemplary service. Despite a service member’s prior record of se rvice, certain serious offenses, even though isolate d, warrant separation from the N aval S er vice in order to maintain good order and discipline ; fraudulent entry into the service by not revealing a significant history of mental health issues meets this standard . T he record clearly reflects his willful misconduct and along with his mental health diagnosis demonstrated he was unfit for further service. 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 or maintain the requirements of conduct expected of all Sailors , regardless of his grade or length of service , and f alls short of w hat is required for an upgrade in the characterization of service to Honorable . Relief 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 the administrative separation 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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