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NAVY | DRB | 2011_Navy | ND1101860
Original file (ND1101860.rtf) Auto-classification: Denied

ex-SR, USN
Current Discharge and Applicant’s Request
Application Received: 20110802
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)        20100301 - 2010053 1     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20100601     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20100623      Highest Rank/Rate: SR
Length of Service: Y ear s M onth s 23 D a ys
Education Level:        AFQT: 41
Evaluation M arks:         Performance: NONE         Behavior: NONE   OTA: NONE

Awards and Decorations ( per DD 214):      NONE

Periods of UA /C ONF :

NJP : NONE         S CM : NONE        SPCM: NONE        C C : NONE          Retention Warning Counseling : NONE

Administrative Corrections to the Applicant’s DD 214

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

 “ FRAUDULENT ENTRY ”

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. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 29, effective 10 November 2009 until Present, 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 seeks an RE code and discharge upgrade t o re-enlist in the U.S. Armed Forces.
2.       Applicant seeks a discharge u pgrade to improve employment opportunities.
 3.       Applicant contends her discharge was deceptive and improper .
Decision

Date: 20 1 2 0 904             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 NDRB conducted a thorough review of the Applicant’s service records to determine whether her discharge met the pertinent standards for propriety and equity. The Applicant’s record of service included a Recruit Evaluation Report, dated 11 June 2010, that indicated the Applicant’s diagnosis with a P ersonality D isorder NOS (not otherwise specified) while in the first two weeks of recruit training. The report recommended administrative separation of the Applicant due to the diagnosed condition and the failure to disclose previous mental health treatment during her enlistment accession processing. The recommendation contained the following comments: “… (The Applicant) reports for the past three days she has had suicidal thoughts with a plan to break open her razor and cut ‘anything to get the job done . ’ She reports that her last thought of suicide was this morning. She reported feeling suicidal a t time of intake but with no plans. When asked what was making her feel this way, she replied ‘this environment, they talk to you bad and you are not treated like a human here . ’ (The Applicant) was cooperative with the intake and stated , ‘I just want to get help . ’ However, her behavior clearly indicated that she had additional agendas. (The Applicant) said she wants to be sent home … She reports having been on psychiatric medications for anxiety (Xanax) and for depression per her primary care physician. She said she was prescribed these medications when she was 16, and took them until she overdosed using them, just prior to her 17 th birthday … . ”

Based on the medical officer ’s recommendation, the Applicant’s command processed her for administrative separation from the Navy. When notified of administrative separation processing using the notification procedure on 15 June 2010 , the Applicant waived her rights to consult with a qualified counsel , submit a written statement , and request a General Court - Martial Convening Authority review. The Applicant was not entitled to an administrative separation board. On 16 Jun 2010, the Commanding Officer, Recruit Training Center approved the Applicant’s administrative separation from the Navy, stating , “As evidenced by the listed enclosures, a fraudulent enlistment has occurred. (The Applicant) failed to disclose a history of psychiatric treatment or counseling and psychotropic medication prior to entry into the naval service. Additionally, (the Applicant’s) disqualifying psychiatric condition affects her potential for performance of expected duties and responsibilities while on active duty and poses a risk if she is retained in the naval service . ” The Applicant was separated from the Navy on 23 June 2010 with an Uncharacterized (Entry Level Separation) due to Fraudulent Entry i nto Military Service.

Issues 1-2 : (Nondecisional) The Applicant seeks an RE code and discharge upgrade to re-enlist in the U.S. Armed Forces and to improve her employment opportunities. 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. Additionally, t he NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities as regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.

: (Decisional) ( ) . The Applicant contends her discharge was deceptive and improper. T he NDRB conducted a detailed review of the Applicant’s records to determine whether h er discharge met the pertinent standards for propriety and equity. After detailed review and careful consideration of the available evidence, the NDRB could find no evidence of command impropriety. The record clearly indicates the Applicant was diagnosed with a personality disorder while undergoing recruit training and was processed for administrative separation from the Navy due to failing to disclose previous mental health treatment during her enlistment accession processing.

By regulation, an Uncharacterized description shall be used when separation is initiated while a service member is in an entry level status (first 180 days of continuous active service), except when separation is for certain prescribed situations (none of which apply to the Applicant) in which circumstances warrant characterization as U nder O ther T han H onorable C onditions, or when characterization of service as H onorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of military duty and is approved on a case-by-case basis by the Secretary of the Navy. The Applicant ’ s service record did not indicate any unusual circumstances of personal conduct or performance of duty during h er less than 1 month in the military that would clearly warrant an H onorable characterization of service. Therefore, an Uncharacterized discharge is considered the most appropriate characterization of service.

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), 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

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