Search Decisions

Decision Text

NAVY | DRB | 2011_Navy | ND1101062
Original file (ND1101062.rtf) Auto-classification: Denied

ex-AA, USN
Current Discharge and Applicant’s Request
Application Received: 20110322
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)        20071029 - 20080709     Active:  

Period of Service Under Review:
 Date of Current Enlistment: 20080710     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20081208      Highest Rank/Rate: AA
Length of Service: Year(s) Month(s) 29 D ay(s)
 Education Level:        AFQT: 51
Evaluation M arks:         Performance: N/A          Behavior: N/A    OTA: N/A

Awards and Decorations ( per DD 214):      Pistol

Periods of UA /C ONF :

NJP :     S CM :    SPCM:    C C :

Retention Warning Counseling:

- 20081108 :      For your medical condition. You were diagnosed by the Division Head, Mental Health Clinic, Naval Health Clinic, Great Lakes. Axis I: Sleepwalking, Occupational Problem (Routine Military Training).

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

         “ UNCHARACTERIZED ”

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:                  Other Documentation:    
                  Additional Statements:
          From Applicant:           From/To Representation:           From/To Congress member:        


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

Applicant’s Issues

 1.       The Applicant wants the Reentry (RE) Code changed to one that would allow him to enlist in another branch of service.
2 .       The Applicant wants the Narrative Reason for Separation changed , because he does not have a condition that prevents him from service.
3.       Post-service conduct.

Decision

Date: 20 1 2 0426             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 discharge 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’s record of service included one NAVPERS 1070/613 (Page 13) warning and no non-judicial punishments or trials by court-martial for violation s o f the Uniform Code of Military Justice (UCMJ) . A qualified medical officer diagnosed the Applicant with sleepwalking, occupational problem (R outine M ilitary T raining ) and recommended administrative separation . Based on this diagnosis and recommendation, his command administratively processed for separation. When notified of administrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request a General Court-Martial Convenin g Authority review.

: (Non - decisional) The Applicant wants the Reentry (RE) Code changed to one that would allow him to enlist in another branch of service.         Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, it is not authorized to change an RE code. 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. Only the Board for Correction of Naval Records can make changes to RE codes.

: (Decisional) ( ) . The Applicant wants the Narrative Reason for Separation changed , because he does not have a condition that prevents him from service. On 8 October 2008 and 12 November 2008, a clinical psychologist at the Mental Health Clinic, Great Lakes, Illinois diagnosed the Applicant with sleepwalking disorder, occupational problem (Routine Military Training). According to Navy regulations, sleepwalking is considered a condition that does not amount to a disability but can impair a member’s performance and affect potential for continued Naval Service. The psychologist determined that the Applicant’s condition was sufficiently severe to impair significantly his ability to function effectively in the military environment. The Applicant was recommended to be administratively separated for the convenience of the government, and it was determined the Applicant had a medical condition, not a disability. The NDRB concluded that the assigned Narrative Reason for Separation is proper. Relief denied.

: (Decisional) ( ) . The Applicant provided two character references. The NDRB is authorized to consider post-service factors in changing the characterization of a discharge. However, it does not consider post-service conduct as justification to change a Narrative Reason for Separation that accurately describes why the Applicant was discharged from the Navy. The NDRB discerned no impropriety or inequity in the discharge process and determined that the assigned Narrative Reason for Separation does accurately describe why the Applicant was discharged. Therefore, a change based on post-service conduct would be inappropriate. 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 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.

Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), change 24 effective 28 July 2008 until 24 April 2011,
Article 1910-120, SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL
OR MENTAL CONDITIONS.

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), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 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 | 2006_Navy | ND0601119

    Original file (ND0601119.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20010606Reason for Discharge due to: PHYSICAL OR MENTAL CONDITIONSLeast Favorable Characterization: Date Applicant Responded to Notification: 20010606Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date)GCMCA Review Recommendation of Commanding Officer (date): (20010606)Separation Authority (date):COMMANDING OFFICER, NAVAL HOSPITAL CORPS SCHOOL (20010606)Narrative...

  • NAVY | DRB | 2007_Navy | ND0700163

    Original file (ND0700163.rtf) Auto-classification: Denied

    The Board found that Discussion Issue1: either an Issue which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Board determined that the lack of documentation provided by the Applicant did not provide justification to upgrade the characterization of General (Under Honorable Conditions) to Honorable.Issue 3: ().The Board reviews the propriety and equity of an Applicant’s discharge...

  • USMC | DRB | 2013_Marine | MD1300408

    Original file (MD1300408.rtf) Auto-classification: Denied

    In August 2011, competent medical authority diagnosed the Applicant with sleepwalking disorder, and his command administratively processed him for separation due to Condition, Not a Disability. ” 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...

  • USMC | DRB | 2009_Marine | MD0900996

    Original file (MD0900996.rtf) Auto-classification: Denied

    This documentation contradicts his statement provided in the DD 293 that he never had a problem with sleep walking before enlisting and while at boot camp, andit supports the fraudulent enlistment determination.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 the discharge was proper and equitable. ” Additional Reviews : After a document review has been conducted, former members...

  • NAVY | DRB | 2008_Navy | ND0800503

    Original file (ND0800503.rtf) Auto-classification: Denied

    Therefore the Board found his uncharacterized characterization appropriate.The Applicant should be aware that, with respect to non-service-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial...

  • NAVY | DRB | 2015_Navy | ND1500695

    Original file (ND1500695.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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...

  • USMC | DRB | 2008_Marine | MD0801848

    Original file (MD0801848.rtf) Auto-classification: Denied

    The Applicant claims he should have received a medical discharge for an attempted suicide vice for a pattern of misconduct because he was suffering fromPTSD due to injuries received from an Improvised Explosive Device(IED) blast in Iraq.In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Board determined the awarded discharge...

  • USMC | DRB | 2015_Marine | MD1500250

    Original file (MD1500250.rtf) Auto-classification: 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 remain UNCHARACTERIZED and the narrative reason for separation shall remain CONDITION NOT A DISABILITY. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at...

  • USMC | DRB | 2011_Marine | MD1100021

    Original file (MD1100021.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. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or...

  • NAVY | DRB | 2007_Navy | ND0700080

    Original file (ND0700080.rtf) Auto-classification: Denied

    Recommendations: Administrative separation for the sleepwalking condition. ]19990916: Commanding Officer, Naval Hospital Corps School informed Commander NavyPersonnel Command of the Applicant’s discharge by reason of alcohol abuse rehabilitation failure and convenience of the government –physical or mental conditions with a service characterization of entry level separation. Elements of Discharge: [INVOLUNTARY] Date Notified:NOT FOUND IN RECORDReason for Discharge Least Favorable...