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NAVY | DRB | 2012_Navy | ND1200012
Original file (ND1200012.rtf) Auto-classification: Denied

ex-AM3, USN
Current Discharge and Applicant’s Request
Application Received: 20110927
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)        19980213 - 19980222     Active:            19980223 - 20020222

Period of Service Under Review:
 Date of Current Enlistment: 20020613     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20051121      Highest Rank/Rate: AM2
Length of Service: Year(s) Month(s) 09 D ay(s)
 Education Level:        AFQT: 99
Evaluation M arks:         Performance: 3.2 ( 5 )      Behavior: 3.0 ( 5 )        OTA: 3.20

Awards and Decorations ( per DD 214):      (2) KCM (2) (2)

Periods of UA /C ONF :

NJP :

- 20050317 :      Article ( Insubordinate conduct toward warrant o fficer, n oncommissioned officer, or petty officer)
         Article ( General Article, Threat or communicating)
         Awarded: Suspended:

S CM :    SPCM:    C C :

Retention Warning Counseling:

- 20050105 :      For being disrespectful and disruptive to good order and discipline of a production work center .

- 20050317 :      For violation of A rticle s 91 and 134 .

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 to use educational and other benefits offered by the U.S. Department of Veter ans Affairs (VA).
2.       The Applicant contends he was discharged due to a P ersonality D isorder without medical treatment.
 3.       The Applicant believes his post-service conduct is wort hy of upgrading his discharge.
4.       The Applicant referred to his Honorable service in the Marine Corps and provided a n evaluation report and a letter of appreciation he received while in the Navy, implying his record of service warrants consideration for upgrading his discharge.
Decision

Date: 20 1 2 1009             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 NAVPERS 1070/613 (Page 13) warnings and non-judicial punishment for o f the Uniform Code of Military Justice (UCMJ): Article 91 ( Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer ) and Article 134 ( General Article, Threat or communicating ). On 25 October 2005 , a qualified medical officer at Naval Hospital, Jacksonville diagnosed the Applicant with Personality Disorder, Not Otherwise Specified, and recommended him for expeditious 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 Convening Authority review.

: (Non - decisional) The Applicant wants his discharge upgraded so he can take advantage of educational and other benefits offered by the VA. There is no requirement, or law, that grants re-characterization solely on the issue of facilitating access to VA benefits. 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. Therefore, this issue does not serve to provide a foundation upon wh ich the NDRB can grant relief.

: (Decisional) ( ) . The Applicant contends he was discharged due to a P ersonality D isorder without medical treatment. Pursuant to Naval Military Personnel Manual (MILPERSMAN) Article 1910-122, members may be processed for separation based on a mental health professional’s clinical diagnosis of P ersonality D isorder when the 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 safety or well being of themselves or others. On 25 October 2005, a qualified medical officer at Naval Hospital, Jacksonville conducted a mental health evaluation on the Applicant, diagnosed him with Personality Disorder, Not Otherwise Specified , an d recommended expeditious separation from the Navy. It was determined that he manifests a longstanding disorder of character, behavior, and adaptability. Due to th e severity of his condition, immediate separation, vice long-term treatment, was warranted since his continuation on active duty represented a risk to himself and others . The evaluation determined the Applicant does not have a severe mental disorder and is not considered mentally disabled. The NDRB concluded that relief based on this issue was not warranted. Relief denied.
: (Decisional) ( ) . The Applicant believes his po st-service conduct is worthy of upgrading his discharge. The NDRB considers 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. The Applicant provided three character references, two of which also reference d his employment performance. To warrant an upgrade, the Applicant’s post-service efforts need to be more encompassing. The Applicant could have provided

documentation as detailed in the Post-Service Conduct paragraph in the Addendum with the recognition that completion of these items alone does not guarantee an upgrade from an unfavorable discharge as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service conduct establishes that the in-service misconduct was an aberration. The Board determined the documentation submitted was not sufficient to demonstrate his in-service misconduct was an aberration. Relief denied.
Issue 4 : (Decisional) ( ) . The Applicant referred to his Honorable service in the Marine Corps and provided a n evaluation report and a letter of appreciation he received while in the Navy, implying his record of service warrants consideration for upgrading his discharge. The Applicant received an Honorable discharge for his Marine Corps enlistment, and this had no bearing on his separate Navy enlistment. During the Applicant’s Navy enlistment, he was found guilty of violating UCMJ Article 91 and Article 134 , both of which are serious offenses that could have warranted a punitive discharge (i.e., Bad Conduct Discharge) at a Special or General Court-Martial. However, h is command did not pursue a punitive discharge. Instead, h is command notified him of administrative separation proceedings based on (1) Personality Disorder and (2) Misconduct - Co mmission of a Serious Offense and further recommended a lenient General characterization of service. The Separation Authority de cided to discharge the Applicant with a General (Under Honorable Conditions) character of service due to Personality Disorder. The NDRB determined the General was warranted and equitable with the NJP for serious misconduct during the enlistment and further determined the discharge for Personality Disorder was proper. 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.



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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