Upgrade.Vet

NAVY | DRB | 2012_Navy | ND1201530

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

ex-EMFR, USN

Current Discharge and Applicant’s Request

Application Received: 20120705

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)        19950823 - 19951219     Active:

Period of Service Under Review:
Date of Current Enlistment: 19951220     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 19980805      Highest Rank/Rate: EMFA
Length of Service: Y ear s M onth s 17 D a ys
Education Level:        AFQT: 59
Evaluation M arks:         Performance: NA Behavior: NA     OTA: NA

Awards and Decorations ( per DD 214):      NONE

Periods of UA /C ONF :

NJP :

- 19980109 :      Article (Absence without leave, 19971213-19971215)
         Article ( Assault , 2 specifications )
         S pecification 1: Communicating a threat on or about 19971208
         Specification 2: Communicating a threat on or about 19971212
         Awarded: Suspended:

S CM :    SPCM:    C C :

Retention Warning Counseling :

- 19980112 :       For Commanding Officer’s NJP of 19980109: VUCMJ A rticle 86 - UA from unit, to wit: USS MCKEE (AS-41) on or about 0830, 19971213 until on or about 2200, 19971215; VUCMJ A rticle 134 (2 specs) - C ommunicating a threat on or about 19971208 and C ommunicating a threat on or about 19971212.

Administrative Corrections to the Applicant’s DD 214

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

         “ ”

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), Change 18, effective 12 December 1997 until 31 August 1998, 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 his misconduct was a result of n ot being able to work within his rate.
2.       The Applicant contends his post-service achievements are worthy of consideration for an upgrade .

Decision

Date: 20 1 3 0418             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 Board did complete a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent standards of equity and propriety. The Applicant’s record of service included NAVPERS 1070/613 (Page 13) warning and for o f the Uniform Code of Military Justice (UCMJ): Article (Absence without leave, 19971213-19971215 , 2 days ) and Article ( Assault , 2 specifications: Communicating a threat on or about 19971208 and Communicating a threat on or about 19971212 ). On 01 June 1998 , the Applicant was diagnosed with A djustment D isorder with depressed mood and P ersonality D isorder (severe) by the Mental Health Unit, N aval Training Command (NTC) , San Diego. He was deemed to represent a continuing danger to himself and others if retained in the naval service and was recommended for separation . Based on the diagnosis of the Applicant, 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 n administrative or a General Court-Martial Convening Authority review.

: (Decisional) ( ) . The Applicant contends his misconduct was a result of not being able to work within his rate. Not being able to work in one’s rate is not an excuse to commit misconduct, which include d going UA and two separate instances of communicating a threat. T he Applicant’s record shows he was notified of administrative separation processing for Misconduct ( Serious Offense ) and Convenience of the Government ( Personality Disorder ) . The Separation Authority chose the more lenient reason of Personality Disorder. Pursuant to Naval Military Personnel Manual Article 1910-122, 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 and perform their duties is significantly impaired, and the individual poses a threat to safety or well being of themselves or others. On 01 June 1998 , the Applicant was diagnosed with A djustment D isorder with depressed mood and P ersonality D isorder (severe) by the Mental Health Unit, NTC, San Diego. The NDRB found no evidence, nor did the Applicant provide any, to indicate he had overcome his deficiencies due to having a P ersonality D isorder while still in the service. With the misconduct during his enlistment, the NDRB determined his General characterization was warranted as was the narrative reason of Personality Disorder. Relief denied.

: (Decisional) ( ) . The Applicant contends his post-service achievements are worthy of consideration for an upgrade. 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 a personal statement, evidence of being a licensed electrician, and a n incident-free police report . The Applicant could have provided documentation as detailed in the Post-Service Conduct paragraph in the Addendum , however, 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 by the Applicant does not demonstrate if in-service misconduct was an aberration. The characterization of service received was appropriate considering the length of service and UCMJ violations. 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

Similar Decisions

NAVY | DRB | 2013_Navy | ND1301244

Original file (ND1301244.rtf) Auto-classification: Denied

The Applicant was afforded the opportunity to rebut his administrative separation at the time of notification, but he waived his rights and accepted his command’s recommendation of an Honorable discharge for Personality Disorder.However, per MILPERSMAN Article 1910-122, “separation for personality disorder is not appropriate when separation is warranted for any other reason….” With the Applicant’s diagnosis of Adjustment Disorder and recommendation for separation, he met the requirements for...
NAVY | DRB | 2011_Navy | ND1100987

Original file (ND1100987.rtf) Auto-classification: Denied

Types of Documents Submitted/reviewedRelated 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 NAVYNAVAL DISCHARGE REVIEW BOARD...
NAVY | DRB | 2013_Navy | ND1300532

Original file (ND1300532.rtf) Auto-classification: Denied

The Applicant’s service record documents his participation aboard the USS THEODORE ROOSEVELT in Operation DELIBERATE FORCE from 26 May 1995 to 12 September 1995.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...
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 | 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...
USMC | DRB | 2014_Marine | MD1401148

Original file (MD1401148.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 by proper authority. ” 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 does not have the authority to change a...
USMC | DRB | 2012_Marine | MD1201124

Original file (MD1201124.rtf) Auto-classification: Denied

Based on the recommendation of competent medical authority, the Applicant’s command administratively processed for separation due to a diagnosis of Personality Disorder, not otherwise specified, with Cluster B features. 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...
USMC | DRB | 2012_Marine | MD1201106

Original file (MD1201106.rtf) Auto-classification: Denied

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. Full relief by changing the Personality Disorder narrative reason was not granted due to competent medical authority diagnosing the Applicant while in service.Summary: After a...
USMC | DRB | 2014_Marine | MD1400676

Original file (MD1400676.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” 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. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to...
NAVY | DRB | 2010_Navy | ND1001558

Original file (ND1001558.rtf) Auto-classification: Denied

Therefore, the NDRBpresumesregularity in that he was recommended for expeditious administrative separation, which would not have required the Applicant to be counseled for having a personality disorder or time to overcome it.The Applicant’s post-service mental health evaluation and diagnosis of PTSD due to MST was conducted more than 14 years 9 months after being separated and has no bearing on the in-service diagnosis.The Board determined that the Narrative Reason for Separation reflects...

Search Decisions

Decision Text

NAVY | DRB | 2012_Navy | ND1201530

Similar Decisions