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NAVY | DRB | 2014_Navy | ND1400517
Original file (ND1400517.rtf) Auto-classification: Denied

ex-SKSA, USN
Current Discharge and Applicant’s Request
Application Received: 20140124
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

Applicant’s Request:      Characterization change to:      
         Narrative Reason change to:       MEDICAL
        
Summary of Service

Prior Service:
Inactive:         US A (DEP)                  Active:  
         USNR (DEP)        20030722 - 20030803

Period of Service Under Review:
Date of Current Enlistment: 20030804     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20040924      Highest Rank/Rate: SKSA
Length of Service: Y ear( s ) M onth( s ) 21 D a y ( s )
 Education Level:        AFQT: 53
Evaluation M arks:         Performance: 2.0 ( 1 )      Behavior: 2.0 ( 1 )        OTA: 2.00

Awards and Decorations ( per DD 214):     

Periods of UA /C ONF : UA: 20040617 – 20040618, 2 days; 20040 707 – 20040 713 , 6 days; 20040723 – 20040726, 3 days;
                           20040820 – 20040826, 6 days; 20040828 – 20040830, 2 days; 20040830 – 20040915, 16 days
                  CONF: NONE

NJP :

- 20031204 :      Article 86 (Absence without leave)
         Awarded: Suspended:

S CM :    SPCM:    C C :      Retention Warning Counseling :

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:
         
         “ 03 08 04 ”
         “ ”
         “ TL: 20040617 - 20040618 ; 20040707 - 20040713; 20040723 - 20040726; 20040820 - 20040826; 20040828 - 20040830; 20040830 - 2 0040915 ”

The NDRB will recommend to the Commander, Navy Personnel Command, PERS-312A, 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. Navy Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until 28 April 2005, Article 1910-152, SEPARATION BY REASON OF ALCOHOL REHABILITATION.

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 her commanding officer forced her out of the Navy with a General discharge after she reported Military Sexual Trauma (MST), and she has recently been diagnosed with Post-Traumatic Stress Disorder (PTSD) from MST and other service-related medical injuries .

Decision

Date : 20140710             Location: Washington D.C .        R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall .

Discussion

 As a result of the Applicant ’ s claim of PTSD, in accordance with U.S. Code, Title X, Section 1553(d)(1), the Naval Discharge Review Board reviewed the Applicant ’ s record to see if s he deployed in support of a contingency operation and was, as a consequence of that deployment, diagnosed with either PTSD or T raumatic Brain Injury . A review of h er record revealed that s he did not deploy in support of a contingency operation, and so h er case did not warrant an expedited review in accordance with U.S. Cod e, Title X, Section 1553(d)(1). T he Naval Discharge Review Board , however, included a member who is a physician, clinical psychologist, or psychiatrist due to the claim of PTSD from MST.
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. The Applicant’s record of service included for o f the Uniform Code of Military Justice (UCMJ): Article 86 (Absence without leave). Based on the Applicant ’s alcohol rehabilitation failure , 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 .

: (Decisional) ( ) . The Applicant contends her commanding officer forced her out of the Navy with a General discharge after she reported MST, and she has recently been diagnosed with PTSD from MST and other service-related medical injuries. In determining discharge characterization of service, the Applicant’s conduct forms the primary basis for consideration. The record shows the Applicant was diagnosed with Alcohol Dependence with Physiological Dependence, Dysthymic Disorder, and PTSD. The medical record shows the Applicant reported an in-service sexual assault that occurred in June or July 2004 . The medical record also shows the Applicant had a history of child sexual abuse, history of alcohol use since the 5 th grade, pre-service history of depression, extensive pre-service drug use to include being kicked out of high school for selling drugs, and admitted to using marijuana on several occasions while in service. The record shows the Applicant had at least seven instances of being UA , one of which was for 16 days. The ship ’s psychiatrist noted on 22 July 2004 that the Applicant’s recent UA could be explained by her avoidance of her assailant , however, she should be held accountable for any continued disciplinary issue s . The Applicant was given a light duty chit to ensure no contact with the assailant, but the record shows she went UA again the following day. The record shows the command and medical personnel were assisting the Applicant to ensure that she receive d proper medical care. The record also shows that on 14 September 2004 she failed to report to Level III in-patient treatment , and on 16 September 2004 she decline d alcohol rehabilitation treatment. Based on the Applicant’s record of having an earlier history of being UA demonstrated by her previous NJP, her fraudulent signing of documents denying any pre-service depression and drug use, her in-service marijuana use, and the psychiatrist notes that stated the Applicant should be held accountable for any continued disciplinary issues , the NDRB determined her command did consider her PTSD from MST as a mitigating factor when recommending a lenient General characterization of service. After an exhaustive review, the NDRB determined her PTSD from MST did not warrant further mitigation , and her separation for A lcohol R ehabilitation F ailure was warranted, 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

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