Search Decisions

Decision Text

NAVY | DRB | 2014_Navy | ND1400385
Original file (ND1400385.rtf) Auto-classification: Denied

ex-EM3, USN
Current Discharge and Applicant’s Request
Application Received: 20131219
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

Applicant’s Request:      Characterization change to:      
         Narrative Reason change to:       CONVENIENCE OF THE GOVERNMENT

Summary of Service

Prior Service:
Inactive:         US N R (DEP)        20100322 - 20101207     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20101208     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20121122      Highest Rank/Rate: EM3
Length of Service: Y ear s M onth s 15 D a ys
Education Level:        AFQT: 81
Evaluation M arks:         Performance: 3.0 ( 3 )      Behavior: 3.0 ( 3 )        OTA: 3.11

Awards and Decorations ( per DD 214):      Pistol

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:                  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 35 effective 25 April 2011 until Present, Article 1910-120, SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.
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 seeks a change to enhance employment opportunities.
2.       The Applicant requests his narrative reason for separation be changed from Condition, Not a Disability to Convenience of the Government , because he is no longer afflicted with the condition that led to his separation .

Decision

Date: 20 1 4 0702             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. T he 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. Based on the Applicant’s diagnosis of a mental or physical condition, not a disability, as determined by a competent medical authority, his command processed him for separation. The Applicant’s record of service included no NAVPERS 1070/613 (Page 13) warnings and no misconduct resulting in nonjudicial punishment or court-martial. When notified of administrative separation processing using the procedure, the Applicant waived rights to co nsult with a qualified counsel and submit a written statement .

: (Nondecisional) The Applicant seeks a change to enhance employment opportunities. The Applicant stated that he wanted an upgrade from General to Honorable. The Applicant already has an Honorable characterization of service. As to the narrative reason for separation of Condition, Not a Disability, the NDRB has no authority to change a narrative reason for separation 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.
: (Decisional) ( ) . The Applicant requests his narrative reason for separation be changed from Condition, Not a Disability to Convenience of the Government , because he is no longer afflicted with the condition that led to his separation . When a command suspects a physical or mental cond ition interferes with a Sailor ’s effective performance of duty, the Sailor should be referred to the appropriate medical authority. If examination by a med ical officer confirms the Sailor is suffering from a physical or mental condition apparently beyond the individual’s control and indicates that the condition is not a disability, a command should initiate sepa ration proceedings per Article 1910-120 of the Naval Military Personnel Manual . The Applicant was diagnosed with Adjustment Disorder with Anxiety a nd Depressed Mood by an appropriate medical authority . The Applicant was recommended for administrative separation by reason of c onvenience of the government, and it was determined the Applicant had a medical condition, not a disability. In accordance with Naval Military Personnel Manual Article 1910-120, the proper narrative reason for separation in B lock 28 of the DD Form 214 is “Condition, Not a Disability . ” The fact that his Adjustment Disorder went away once he was removed from the stressors of military service does not warrant a change to his narrative reason for separation. No other narrative reason for separation more clearly describes why the Applicant was discharged. 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 | 2010_Navy | ND1002175

    Original file (ND1002175.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks a medical discharge for benefits. ” 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 narrative reason for...

  • NAVY | DRB | 2011_Navy | ND1101469

    Original file (ND1101469.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. 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...

  • NAVY | DRB | 2008_Navy | ND0801127

    Original file (ND0801127.rtf) Auto-classification: Denied

    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 conduct mitigates the reason for the characterization of discharge.After a complete review of the entire record, including the evidence submitted by the Applicant, the evidence of post-service conduct was found not to mitigate the conduct which precipitated the discharge. ”...

  • NAVY | DRB | 2010_Navy | ND1000033

    Original file (ND1000033.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/ToCongress member: Pertinent Regulation/Law A. Relief denied.Summary: After...

  • NAVY | DRB | 2015_Navy | ND1401541

    Original file (ND1401541.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: Pertinent Regulation/Law A. By a vote of 5-0 the...

  • NAVY | DRB | 2008_Navy | ND0801832

    Original file (ND0801832.rtf) Auto-classification: Denied

    ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended. Additionally, the NDRB does not have the...

  • NAVY | DRB | 2007_Navy | ND0701040

    Original file (ND0701040.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change: Applicant’s Issues:1. After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and service record entries, discharge process and evidence submitted by the Applicant, the Board found that Summary of Service Prior Service: Inactive: USNR (DEP) 20010831 - 20020415 Period of Service Under Review: Date of Enlistment: 20020416Years Contracted:4; Extension: 24 monthsDate of...

  • NAVY | DRB | 2011_Navy | ND1100341

    Original file (ND1100341.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/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

  • NAVY | DRB | 2007_Navy | ND0700764

    Original file (ND0700764.doc) Auto-classification: Denied

    ex-EM3, USN ND07-00764 Current Discharge and Applicant’s Request Application Received: 20070515 Characterization Received: Narrative Reason: PARENTHODD OR CUSTODIAN OF MINOR CHILDREN Authority: MILPERSMAN 1910-124 Applicant’s Request: Characterization change to: Narrative Reason change to: FAMILY HARDSHIP Applicant’s Issues: 1. You may view DoD Instruction 1332.28 and other Decisional Documents by going online at “http://Boards.law.af.mil.” Additional Reviews: Subsequent to a document...

  • NAVY | DRB | 2009_Navy | ND0902603

    Original file (ND0902603.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)19980827 - 19990628Active: Period of Service Under Review: Date of Current Enlistment: 19990629Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20000313Highest Rank/Rate:MM3Length of Service: Year(s)Month(s)15 Day(s)Education Level:AFQT: 76EvaluationMarks:Performance:3.0(1)Behavior:1/0(1)OTA: 2.33Awards and Decorations (per DD 214):NONEPeriods...