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NAVY | DRB | 2011_Navy | ND1102029
Original file (ND1102029.rtf) Auto-classification: Denied
ex-CSSN, USN
Current Discharge and Applicant’s Request
Application Received: 20110823
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)        20010228 - 20010904     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20010905     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20040727      Highest Rank/Rate: CS3
Length of Service: Y ear( s ) M onth( s ) 23 D a y ( s )
 Education Level:        AFQT: 38
Evaluation M arks:         Performance: 4.0 (2)      Behavior: 4.0 (2)        OTA: 3.75

Awards and Decorations ( per DD 214):      (2) , , , , , , ESWS

Periods of C ONF :

NJP :

- 20040413 :      Article ( Absence without leave - U nauthorized absence, 3 specifications )
         Article (Dereliction in the performance of dut ies , 2 specifications )
         Awarded : Susp ended: Suspension vacated 20040603
- 20040527 :      Article (Absence without leave - absented himself from his unit, without authority on 20040519 and remained so absent until 20040524 ( 5 days) )
         Article (Missing movement)
         Awarded: Suspended:

S CM :    SPCM:    C C :

Retention Warning Counseling :

- 20040315 :       For repeatedly being UA from appointed place of duty, being dishonest to your LPO, LCPO, and Department Head about your tardiness, and not following established procedures in preparing the menu and operating galley equipment.

Administrative Corrections to the Applicant’s DD 214

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

         “ GENERAL (UNDER HONORABLE CONDITIONS) ”

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 15560C), re-issued October 2002, effective 22 August 2002 until 19 June 2005, 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 .

C. U.S. Code, Title 10, Section 1553 (d)

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

Applicant’s Issues

 Nondecisional issues: The Applicant seeks an upgrade in the characterization of his service at discharge in order to facilitate access to Department of Veterans Affairs (VA) educational benefits.

Decisional issues : The Applicant contends that his misconduct of record was the result of stress from depression and anxiety related to undiagnosed Post - Traumatic Stress Disorder (PTSD) .

Decision

Date: 20 1 2 0322            Location: Washington D.C .        R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall .

Discussion

 The NDRB reviewed the Applicant’s personal statement; the Applicant contends that he was suffering from PTSD related to operational deployments in a designated combat zone area . As such, in accordance with U.S. Code, Title 10, Section 1553 (d) (1), the board included a member who is a physician, clinical psychologist, or psychiatrist. Additionally, in accordance with section 1553 (d) (2), the service secretary expedited a final decision and accorded the case sufficient priority to achieve an expedited resolution. The Applicant deployed to the North Arabian Gulf in support of Operation Iraqi Freedom and Operation Enduring Freedom.

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 NDRB presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant identified one issue related to the equity of his discharge for consideration by the NDRB; additionally, the NDRB completed a thorough review of the circumstances that led to the discharge, and the discharge process, to ensure the discharge met the pertinent standards of both equity and propriety. The Applicant was a n 18 -year-old enlistee, who enlisted in the Naval Service on a four-year guarantee contract as a Culinary Specialist . The Applicant enlisted with one wavier to enlistment and induction standards due to pre-service illegal drug usage (marijuana). The Applicant completed two year s and ten months of his four-year contractual obligation. Prior to his discharge, the Applicant completed a deployment aboard a Dock Landing Ship as a Culinary Specialist , participating in naval operations in the North Arabian Gulf region . The Applicant’s record of service documents two nonjudicial punishments for violations of the Uniform Code of Military Justice (UCMJ): specifically, Article 86 (Absence without leave , 4 specifications ) , Article 87 ( M issing ships movement) , and Article 92 (Failure to obey a lawful order or regulation) . Additionally, the Applicant was counseled formally in accordance with NAVPERS 1070/613 (retention-warning counseling) of the Naval Military Personnel Manual (MILPERSMAN) for annotated deficiencies in his performance and conduct (related to unauthorized absence, dishonesty to senior enlisted leadership, failure to follow procedures, and his recent NJP ) .

The Applicant’s record of service and medical records document that appropriately credentialed mental health care providers diagnosed the Applicant with a sever e Personality Disorder ( not otherwise specified ) with Borderline and D ependant T raits and was further recommended for expeditious separation processing due to his continued danger to himself and others . The diagnosis and treatment followed six days of admittance to the psychiatric ward for assessment of suicidality after referring himself to his medical officer following a suicide attempt. The diagnostic evaluation stated that the Applicant ha d manifested behaviors and symptoms consistent with a personality disorder that was unlikely to improve in the military environment , that the command should consider an expeditious separation based on the diagnosis of Personality Disorder , and the Applicant ’ s continued threat to harm of himself and others . At that time, the Applicant provided informed consent of the diagnosis, the proposed treatment for symptom management, and the requirements for follow-up counseling. On 27 July 2004 , the Applicant was discharged from the Naval Service with a General (Under Honorable Conditions) characterization of his service. The involuntary discharge action was based on a diagnosed personality disorder of such severity as to render the member incapable of serving adequately in military service - in any capacity - in accordance with Article 1910-122 of the MILPERSMAN - Convenience of the Gov ernment, Personality Disorder.

(Non-decisional Issue) The Applicant seeks an upgrade to his discharge characterization of service in order to achieve eligibility for Department of Veterans Affairs (VA) educational benefits. There is no requirement, or law, that grants re-characterization solely on the issue of facilitating access to VA benefit programs . Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing educational opportunities or employment opportunities. Regulations limit the NDRB’s review solely to a determination of the propriety and the equity of a discharge. As such, this issue does not serve to provide a foundation upon wh ich the NDRB can grant relief.

(Decisional Issues) ( ) . The Applicant contends that his misconduct of record was the result of stress from depression and anxiety related to undiagnosed PTSD.

 Propriety - Pursuant to Article 1910-122 of the M ILPERSMAN , a service member may be processed for separation based on a Mental Health Care Professional’s clinical diagnosis of a personality disorder when that disorder is so severe that one’s ability to function effectively and perform their duties is significantly impaired , and the individual poses a threat to the safety or well being of themselves or others. The Applicant’s mental health treatment evaluation documents a history of undisclosed , pre-service alcohol abuse with blackouts (starting at age 15) ; an undisclosed , pre-service suicide attempt (age 9) ; pre-service verbal and physical abuse ; problematic family relationships resulting from drug and alcohol addictions, coupled with the trauma of the Applicant’s father’s death. The Applicant related that his current suicidal ideations and emotion al distress was related to m arital problems, financial problems, routine military stressors, and most specifically, the recent suicide of a close friend (by gunshot wound) while aboard the ship. Appropriately credentialed mental health care providers evaluated the Applicant and diagnosed him with a sever e Personality Disorder ( NOS ) , with Borderline and Dependant Traits . The diagnostic evaluation stated that the Applicant has longstanding manifested behaviors and symptoms consistent with a personality disorder of such severity as to render the member incapable of serving adequately in military service - in any capacity. This condition was further determined to be unlikely to improve in the military environment , and the command should consider an expeditious separation due to the risk to safety of both the Applicant and others around him. Additionally, the Applicant was diagnosed as alcohol dependant (in partial remission due to i n patient status); he was afforded a 30-day inpatient treatment program for the alcohol dependence, which he refused. A s such, the record of evidence reflects the Applicant met the requirements for administrative separation due to Convenience of the Gove rnment (Personality Disorder).

Equity - The Applicant contends that his misconduct of record was the result of stress from depression and anxiety related to undiagnosed PTSD. T he NDRB requested, and reviewed, the Applicant’s service medical record and VA medical treatment records. The Applicant participated in supporting contingency operations in the North Arabian Gulf /Persian Gulf , which meet the requirements for VA combat consideration. The Applicant’s VA medical treatment records reflect a detailed compensation and pension exam evaluation and continued treatment; the Applicant was determined to be 70% disable d by the VA examiner and is receiving monthly compensation from the VA. The VA evaluation specifically considered the Applicant’s claims of PTSD . The formal finding from the VA psychiatric evaluations was Major Depressive Disorder (service - connected) and PTSD (not service - connected) . As such, the NDRB determined that the contention of service - connected PTSD related to the Applicant’s operational deployment as a mitig ating factor is without merit.

A credentialed Mental Health Care Provider properly diagnosed the Applicant; the diagnosis considered the Applicant’s current psychological issues and his demonstrated inability to conform to a military environment. The Applicant’s service record also documents his performance and conduct related issues throughout his service (2 NJPs) , which warranted separation administratively for Misconduct - Pattern of Misconduct , Misconduct - Commission of a Serious Offense , and Alcohol Rehabilitation Failure (refusal of L evel III inpatient treatment) . Given the Applicant’s performance and conduct issues since enlistment, coupled with his inability to conform, the Separation Authority determined that the discharge recommendation of Personality Disorder was appropriate and that continued retention was not warranted. The statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was diagnosed properly with a personality disorder. The evidence reviewed did not persuade the NDRB that this diagnosis and the subsequent administrative separation were either improper or inequitable. Relief denied .

An Honorable characterization of service is warranted when the quality of a member’s service meets the standard of acceptable conduct and performance for N aval personnel, or is otherwise so meritorious that any other characterization of service would be clearly inappropriate. A General (Under Honorable Conditions) characterization of service is appropriate if the member’s service has been honest and faithful, but significant negative aspects of the member’s conduct or performance of duty outweighed the positive aspects of his record demonstrated significant negative aspects that did outweigh the positive aspects of his record. Accordingly, the NDRB determined that the awarded characterization of the Applicant’s service at discharge was proper, was equitable, and that a change is not warranted and would not be appropriate. Relief denied.


Summary : After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and service record entries, and discharge process, the NDRB determined 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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