Upgrade.Vet

NAVY | DRB | 2011_Navy | ND1101871

Original file (ND1101871.rtf) Auto-classification: Denied

ex-ADCS, USN

Current Discharge and Applicant’s Request

Application Received: 20110803

Characterization of Service Received:

Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

Applicant’s Request:      Characterization change to:
         Narrative Reason change to:       UNCHARACTERIZED

Summary of Service
Prior Service:
Inactive:         US N R (DEP)        19810925 - 19820614     Active:          19820615 - 19860504
                                             19860505 - 19890910
                                             19890911 - 19930805
                                             19930806 - 19961219
                                             19961220 - 20001019

Period of Service Under Review:
Date of Current Enlistment: 20001020     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20011119      Highest Rank/Rate: ADC S
Length of Service: Year(s) Month(s) 00 D ay(s)
Education Level:        AFQT: 34
Evaluation M arks:         Performance: NFIR         Behavior: NFIR OTA: NFIR

Awards and Decorations ( per DD 214):      (5) JMUA (2) NAM (5) (5) (3) NC (6) RTSR (1) NAC EAWS

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

Pertinent Regulation/Law

A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective 14 August 2001 until 21 August 2002,
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. The Applicant contends he d oes not have a P ersonality D isorder and did not receive a NAVMC 1070/613 counseling/warning as required by Naval Military Personnel Manual ( MILPERSMAN ) Article 1910-122.

Decision

Date: 20 1 2 1022 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 did not include any NAVPERS 1070/613 (Page 13) warnings, non-judicial punishments, or trials by court-martial for violation s o f the Uniform Code of Military Justice . On 24 July 2001, a qualified medical officer diagnosed the Applicant with having a P ersonality D isorder that was s e vere enough to impair his ability to function effectively in a military environment and considered him a possible danger to himself and others. Based on the medical officer’s diagnosis, the Applicant ’s command administratively processed him for separation. When notified of administrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel and request an administrative board . However, he elected his right to submit a written statement.

: (Decisional) ( ) . The Applicant contends he d oes not have a P ersonality D isorder and did not receive a NAVMC 1070/613 counseling/warning as required by MILPERSMAN Article 1910-122. Pursuant to MILPERSMAN Article 1910-122 in effect at the time of the Applicant’s separation , members may be processed for separation based on a mental health professional ’ s clinical diagnosis of a P ersonality D isorder when the disorder is so severe that one ’ s ability to function effectively is significantly impaired , the impairment interferes with the member ’ s performance of duty , the disorder poses a threat to the safety or well-being o f himself or others, and the member has not responded to leadership and counseling. During the time of his separation, there was no requirement for a NAVMC 1070/613 counseling/warning if the Applicant w a s determined to be a d anger to self or others. Based on the medical officer’s 24 July 2001 diagnosis of a Personality Disorder, his command discharged him with an Honorable characterization of service. However, after conducting a thorough review of documentation found in his service and medical record s and considering his over 18 years of exceptional service , the Applicant’s testimony, a post-service mental health assessment provided by the Applicant , and considering the professional opin ion of the Navy psychiatrist sitting on the hearing, the NDRB concluded the in-service diagnosis of P ersonality D isorder was in correct. The Applicant was not notified of any other basis for separation. Since no other narrative reason for separation accurately describes why the Applicant was discharged , the NDRB determined the narrative reason for separation shall change to Secretarial Authority. Relief granted.

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 but the narrative reason for separation shall change to SECRETARIAL AUTHORITY . The Applicant is no longer eligible for additional reviews or hearings by the NDRB. He may petition the Board for Correction of Naval Records, 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490, for further review using DD Form 149.

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 | 2012_Navy | ND1201520

Original file (ND1201520.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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...
NAVY | DRB | 2013_Navy | ND1300450

Original file (ND1300450.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 entries, discharge process, and testimony, the Board found Therefore, the awarded characterization of service shall but the narrative reason for separation shall change to with a corresponding Separation Code change to JFF. ” Additional Reviews :...
NAVY | DRB | 2011_Navy | ND1102153

Original file (ND1102153.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks an upgrade for service benefits.2. 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...
NAVY | DRB | 2013_Navy | ND1301059

Original file (ND1301059.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. However, the Applicant was not notified of administrative separation processing for Condition, Not a Disability, which is the applicable narrative reason for a diagnosis of Adjustment Disorder. ” 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...
NAVY | DRB | 2014_Navy | ND1400086

Original file (ND1400086.rtf) Auto-classification: Denied

There is no indication in the evidence of record or in the documentation submitted by the Applicant that the Applicant was recommended for or processed for a medical board for PTSD by proper authority. The NDRB determined his discharge for Personality Disorder was proper, and no other narrative reason for separation more clearly describes why the Applicant was discharged. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal...
NAVY | DRB | 2012_Navy | ND1201530

Original file (ND1201530.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends his misconduct was a result of not being able to work within his rate.2. 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...
NAVY | DRB | 2012_Navy | ND1201492

Original file (ND1201492.rtf) Auto-classification: Denied

Representation: By a vote of the Characterization shall HONORABLE.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...
NAVY | DRB | 2013_Navy | ND1300965

Original file (ND1300965.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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...
NAVY | DRB | 2009_Navy | ND0901144

Original file (ND0901144.rtf) Auto-classification: Denied

Pursuant to Naval Military Personnel Manual (MILPERSMAN) 1910-122, members may be processed for separation based on a mental health professional's clinical diagnosis of a personality disorder when the disorder is so severe that one's ability to function effectively and perform their duties is significantly impaired, and/or the individual poses a threat to safety or well being of themselves or others.However, separation for personality disorder is not appropriate when separation is warranted...
NAVY | DRB | 2014_Navy | ND1401067

Original file (ND1401067.rtf) Auto-classification: Denied

Based on the Applicant’s diagnosis of Personality Disorder by competent medical authority, command administratively processed for 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 has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.

Search Decisions

Decision Text

NAVY | DRB | 2011_Navy | ND1101871

Similar Decisions