Search Decisions

Decision Text

NAVY | DRB | 2013_Navy | ND1300622
Original file (ND1300622.rtf) Auto-classification: Denied

ex-LSSR, USN
Current Discharge and Applicant’s Request
Application Received: 20130204
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

Applicant’s Request:      Characterization change to:      
         Narrative Reason change to:       “ ” AND CODE TO “JFF ”

Summary of Service

Prior Service:
 Inactive:         US N R (DEP)        20090930 - 20100616     Active:  

Period of Service Under Review:
 Date of Current Enlistment: 20100617     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20110718      Highest Rank/Rate: FN
Length of Service: Year(s) Month(s) 02 D ay(s)
 Education Level:        AFQT: 94
Evaluation M arks:         Performance: 2.0 ( 1 )      Behavior: 2.0 ( 1 )        OTA: 2.33

Awards and Decorations ( per DD 214):     

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 15560D), Change 28, effective 21 August 2009 until Present, 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 service record does not reflect his combat service in Operation ODYSSEY DAWN and other awards he earned in service.
2.       The Applicant contends his characterization of service is i nequitable .
 3.       The Applicant contends he was i ncorrectly diagnosed with a Personality Disorder .
Decision

Date: 20 1 3 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 Board did complete a thorough review of the circumstances that led to discharge and the discharge process to ensure discharge met the pertinent stand ards of equity and propriety. The Applicant’s record of service included no NAVPERS 1070/613 (Page 13) warnings and no misconduct resulting in nonjudicial punishment or court-martial. Based on a recommendation from competent medical authority, command administratively processed for separation. When notified of administrative separation processing using the notification procedure , the Applicant waived his rights to consult with counsel and to submit statements to the Separation Authority.

: (Nondecisional) The Applicant contends his service record does not reflect his combat service in Operation ODYSSEY DAWN and other awards he earned in service. The NDRB is only authorized to review the propriety and equity of a discharge. The Applicant can submit these issues to the Board for Correction of Naval Records using DD Form 149. Their address is 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490, and their website is http://www.donhq.navy.mil/bcnr/bcnr.htm.
: (Decisional) ( ) . The Applicant contends his characterization of service is inequitable. The record shows the Applicant had no misconduct or other significant negative aspects of service that warranted a General (Under Honorable Conditions) characterization of service . The NDRB de termined the quality of the Applicant’s service met the standards of accepted conduct and performance of duty for military personnel, and it is appropriate to characterize that service as Honorable. Relief granted.

: (Decisional) ( ) . The Applicant contends he was i ncorrectly diagnosed with a 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. If a member is diagnosed by a competent mental health professional with a P ersonality D isorder and determined to be a danger to himself or others, the requirement for a Page 13 counseling and warning does not apply. No documentation was available in the Applicant’s record to show he was diagnosed with a Personality Disorder while in service . The Applicant was diagnosed with A djustment Disorder and stress on multiple occasions , however . Additionally, a post - service diagnos is of schizoaffective disorder bipolar type and treatment by the Department of Veterans Affairs validates an improper separation for Personality Disorder. After a complete review of the records and testimony, t he NDRB determined the narrative reason for separation does not accurately describe why the Applicant was discharged and so voted unanimously that it should change to Separation 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 , the narrative reason for separation shall change to SECRETARIAL AUTHORITY , and the Separation Code shall change to JFF . The Applicant is not eligible for further reviews by the NDRB. The Applicant 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. Their website can be found at http://www.donhq.navy.mil/bcnr/bcnr.htm .


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 | 2015_Navy | ND1500161

    Original file (ND1500161.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 change to and the narrative reason for separation shall remain PERSONALITY DISORDER. ” Additional Reviews : After a document review has been conducted, former...

  • NAVY | DRB | 2009_Navy | ND0900980

    Original file (ND0900980.rtf) Auto-classification: Denied

    Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall PERSONALITY DISORDER.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...

  • NAVY | DRB | 2013_Navy | ND1301088

    Original file (ND1301088.rtf) Auto-classification: Approved

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends she was diagnosed with an Adjustment Disorder and not a Personality Disorder. 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...

  • NAVY | DRB | 2011_Navy | ND1102097

    Original file (ND1102097.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change to:ADJUSTMENT DISORDER Summary of Service Prior Service: Inactive:USNR (DEP)19980715 - 19990526Active: Period of Service Under Review: Date of Current Enlistment: 19990527Age at Enlistment: Period of Enlistment: YearsExtensionDate of Discharge:20020822Highest Rank/Rate: MM2Length of Service: Year(s) Month(s) 26 Day(s)Education Level:AFQT: 79EvaluationMarks:Performance:3.0(4)Behavior:2.8(4)OTA: 3.04Awards and Decorations...

  • USMC | DRB | 2012_Marine | MD1200672

    Original file (MD1200672.rtf) Auto-classification: Denied

    Partial relief warranted.Full relief by removing the Personality Disorder narrative reason was not granted, because the Applicant was diagnosed by competent medical authority with Avoidant Personality Disorder, and the documentation provided by the Applicant does not provide sufficient evidence to refute that diagnosis.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,...

  • USMC | DRB | 2009_Marine | MD0902027

    Original file (MD0902027.rtf) Auto-classification: Denied

    The Applicant contends that even though he was discharged for a personality disorder, he received a disability rating of 50% from the U.S. Department of Veterans Affairs for post-traumatic stress disorder and therefore requests that his DD Form 214 narrative reason for separation be changed to “PTSD. The Applicant’s requested relief, a change in reason for separation to PTSD, cannot be granted since the NDRB lacks authority to change the reason for discharge to or from a physical...

  • USMC | DRB | 2011_Marine | MD1101007

    Original file (MD1101007.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. 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...

  • 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...

  • USMC | DRB | 2015_Marine | MD1401553

    Original file (MD1401553.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Therefore, the NDRB determined the narrative reason for separation shall change to Secretarial 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.

  • NAVY | DRB | 2014_Navy | ND1401105

    Original file (ND1401105.rtf) Auto-classification: Denied

    The Board determined that the documentation submitted by the Applicant does not warrant relief. ” 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.