Upgrade.Vet

NAVY | DRB | 2014_Navy | ND1400435

Original file (ND1400435.rtf) Auto-classification: Denied

ex-SN, USN

Current Discharge and Applicant’s Request

Application Received: 20140106

Characterization of Service Received:

Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

Applicant’s Request:      Characterization change to:
         Narrative Reason change to:       SECRETARIAL AUTHORITY or CONDITION, NOT A DISABILITY

Summary of Service

Prior Service:
Inactive:         US N R (DEP)        20120314 - 20120923     Active:

Period of Service Under Review:
Date of Current Enlistment: 20120924     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20121108      Highest Rank/Rate: SN
Length of Service: Y ear( s ) M onth( s ) 16 D a y ( s )
Education Level:        AFQT: 94
Evaluation M arks:         Performance: N/A          Behavior: N/A    OTA: N/A

Awards and Decorations ( per DD 214):      NONE

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. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 29, effective 10 November 2009 until Present, Article 1910-134, Separation by Reason of Defective Enlistments and Inductions - Fraudulent Entry Into the Naval Service.

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 he was misdiagnosed by medical authorities with major depressi ve disorder during Navy entry level training and did not fraudulently enlist.

Decision

Dat e: 20 1 4 0710 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 discharg e 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 sta ndards of equity and propriety. The Applicant’s record of service included a medical diagnosis by a Navy psychologist for major depressi ve disorder determined to have existed prior to entry into service and a recommendation for entry level administrative separation for fraudulent entry into military service. Based on the Applicant’s fraudulent enlistment, command administratively processed for separation. When notified of administrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel and submit a written statement . The Applicant was not entitled to an administrative board .

: (Decisional) ( ) . The Applicant contends he was misdiagnosed by medical authorities with major depressi ve disorder during Navy entry level training and did not fraudulently enlist . The Applicant’s military medical record shows he began reporting to sick call in October 2012 complaining of chest pains after physical training. He next complained of headaches and told medical personnel he was not motivated to remain at Navy boot camp. After several medical visits for headaches, the Applicant was referred to the mental health unit for evaluation. During evaluation by a Navy psychologist, the Applicant reported a history of recurring depressive episodes beginning at age 15 after his sister’s death. The Applicant reported his depressive episodes occurred multiple times per year and lasted up to a month. The Applicant reported that during his depressive episodes he experienced symptoms of social isolation, anhedonia, decreased appetite, insomnia, low energy, and poor concentration. At Navy boot camp, the Applicant reported he experienced mood-related physical problems and severe headaches. The Applicant was diagnosed with major depressive disorder, recurrent, moderate, and he was recommended for administrative separation. The Applicant submitted letters from civilian medical doctors who deny the Applicant has suffered, or does now suffer, from major depressive disorder; however, he did go through a period of depression and entered into therapy at the time his sister died. The doctors also reported the Applicant was treated for A ttention D eficit H yperactivity D isorder (ADHD) and prescribed Ritalin through 9 ^th grade. During the enlistment process, the Applicant did not disclose his previous history of depression, therapy, diagnosis of ADHD, or history of medication for ADHD. After a careful review of the available record and evidence submitted by the Applicant, the NDRB determined the Applicant’s administrative separation for f raudulent enlistment was proper and equitable. 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

USMC | DRB | 2012_Marine | MD1201179

Original file (MD1201179.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to:Fraudulent Enlistment and Major Depression Summary of Service Prior Service: Inactive:USMCR (DEP)20090903 - 20091213Active: Period of Service Under Review: Date of Current Enlistment: 20091214Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20091222Highest Rank:Length of Service: Year(s)Month(s)09 Day(s)Education Level: AFQT:62MOS: NFIRProficiency/Conduct Marks (# of occasions):NA/NAFitness...
USMC | DRB | 2012_Marine | MD1201010

Original file (MD1201010.rtf) Auto-classification: Denied

After a complete review of the Applicant’s service records and her statement, the NDRB noted that she was diagnosed while in service with non-combat-related PTSD, chronic mental illness, and major depression. ” 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...
USMC | DRB | 2014_Marine | MD1401047

Original file (MD1401047.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USMCR (DEP)20110706 - 20120624Active: Period of Service Under Review: Date of Current Enlistment: 20120625Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20120717Highest Rank: Length of Service: Year(s)Month(s)23 Day(s)Education Level: AFQT:55MOS: NONEProficiency/Conduct Marks (# of occasions):NOB/NOBFitness Reports: Awards and Decorations (per DD...
NAVY | DRB | 2009_Navy | ND0901411

Original file (ND0901411.rtf) Auto-classification: Denied

” 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. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or...
USMC | DRB | 2009_Marine | MD0902082

Original file (MD0902082.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Lied about his mental health history to hide his homosexuality.2. The NDRB considers post-service conduct to determine if the misconduct committed during active duty was indicative of the Applicant's character or an aberration, but post-service conduct applies to the characterization of the discharge and not the narrative reason for separation. ” Additional Reviews : After a...
CG | BCMR | Discharge and Reenlistment Codes | 2004-057

Original file (2004-057.pdf) Auto-classification: Denied

The patient was discharged back to the Coast Guard fit for full duty. I noted that because the applicant was on limited duty for his ankle and because he had major depression, panic attacks, ADHD, and back and knee problems he required further evaluation prior to discharge.4 The applicant alleged that when he returned to his unit with the medical evaluation performed by Dr. In this regard, the Board notes the following with respect to the applicant's diagnosed medical conditions at the...
NAVY | DRB | 2010_Navy | ND1000451

Original file (ND1000451.rtf) Auto-classification: Denied

The Applicant’s separation did not warrant the right to elect an administrative hearing board.The Applicant was recommended for administrative separation pursuant to Article 1910-134 of the Naval Military Personnel Manual (MILPERSMAN), Separation by Reason of Defective Enlistment and Induction - Fraudulent Entry Into the Naval Service. The Applicant was seen by a medical officer and evaluated for enlistment; the Medical Officer’s report, and the Applicant’s provided medical background...
NAVY | DRB | 2006_Navy | ND0601097

Original file (ND0601097.rtf) Auto-classification: Denied

CC: “I cut myself’ HPI: The patient reports having a car accident around the 10th of August 2002, around 2300, at a high rate of speed while driving with 2 occupants, male friends of 16 and 17 yo. Elements of Discharge: [INVOLUNTARY] Discharge Process: NOTIFICATION PROCEDUREDate Notified:20030123Reason for Discharge Least Favorable Characterization: ENTRY LEVELDate Applicant Responded to Notification: 20030123Rights Elected at Notification:Consult with Counsel Administrative Board Obtain...
AF | PDBR | CY2010 | PD2010-00129

Original file (PD2010-00129.docx) Auto-classification: Denied

Left Foot Condition . There were several diagnoses that may have contributed to the CI’s left foot pain, and the Board considered the total disability of the left foot in its rating recommendation. The DES file, service treatment record, post-separation VA C&P exams, VA outpatient treatment records, and VA contact reports provided evidence of physical (headache, nausea, vomiting, sleep disturbance, balance disorder), cognitive (memory, concentration, speed of processing), and possibly...
NAVY | DRB | 2010_Navy | ND1001632

Original file (ND1001632.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen...

Search Decisions

Decision Text

NAVY | DRB | 2014_Navy | ND1400435

Similar Decisions