Search Decisions

Decision Text

NAVY | DRB | 2015_Navy | ND1500550
Original file (ND1500550.rtf) Auto-classification: Denied
ex-SR, USN

Current Discharge and Applicant’s Request
Application Received: 20150127
Characterization of Service Received: (per DD 214) UNCHARACTERIZED (ENTRY LEVEL SEPARATION)
Narrative Reason for Discharge: (per DD 214) ERRONEOUS ENTRY (OTHER)
Reenlistment Code: RE-4
Authority for Discharge: (corrected) MILPERSMAN 1910-130 [ERRONEOUS ENTRY]

Applicant’s Request:     Characterization change to:      HONORABLE
         Narrative Reason change to:      FULL MEDICAL RETIREMENT UNDER HONORABLE CONDITIONS
        

Summary of Service

Prior Service:
Inactive:        USNR (DEP)       20000816 - 20000830 COG         Active:  NONE

Period of Service Under Review:

Date of Current Enlistment: 20000831   Age at Enlistment: 20
Period of Enlistment: 4 Years 12 MONTHS Extension
Date of Discharge: 20001011     Highest Rank/Rate: SR
Length of Service: 00 Year(s) 01 Month(s) 11 Day(s)
Education Level: 12     AFQT: 42
Evaluation Marks:        Performance: N/A         Behavior: N/A   OTA: N/A

Awards and Decorations (per DD 214):     NONE

Periods of UA/CONF: NONE

NJP: NONE SCM: NONE SPCM: NONE CC: NONE Retention Warning Counseling: NONE


Administrative Corrections to the Applicant’s DD 214

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

         Block 25, Separation Authority, should read: “MILPERSMAN 1910-130”
        
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:                  Other Documentation:    
                  Additional Statements:
         From Applicant:           From/To Representation:           From/To Congress member:        


Pertinent Regulation/Law

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 20 May 1999 until
12 June 2001, Article 1910-130, Separation by Reason of Defective Enlistments and Inductions - Erroneous Enlistment.

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 that the narrative reason for the discharge should be changed to full medical retirement with disability pay.
2.       The Applicant contends the uncharacterized discharge was unjust and improper because the medical documentation was faulty, and she should have been diagnosed with multiple sclerosis (MS) not PTSD.

Decision

Date: 20151001   DOCUMENTARY REVIEW      Location: Washington D.C.        Representation: NONE

By a vote of 5-0 the Characterization shall remain UNCHARACTERIZED (ENTRY LEVEL SEPARATION) .
By a vote of 5-0 the Narrative Reason shall remain ERRONEOUS ENTRY (OTHER) .
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 presumption, to include evidence submitted by the Applicant. The Applicant did not identify any decisional issues to the Board. However, the Board did complete a thorough review of the circumstances that led to her discharge and the discharge process to ensure her discharge met the pertinent standards of equity and propriety. The Applicant’s record of service contained no disciplinary actions. When notified of administrative separation processing using the notification procedure, the Applicant waived her rights to consult with a qualified counsel, submit a written statement, and request a General Court-Martial Convening Authority review.

As a result of the Applicant’s claim of PTSD or TBI, in accordance with U.S. Code, Title X, Section 1553 (d)(1), the Naval Discharge Review Board included a member who is a physician, clinical psychologist, or psychiatrist. The Board also conducted a review of the Applicant's record to see if she deployed in support of a contingency operation and was, as a consequence of that deployment, diagnosed with either PTSD or TBI. A review of her record revealed that she did not deploy in support of a contingency operation, and so this case did not warrant an expedited review in accordance with U.S. Code, Title X, Section 1553(d)(1).

Issue 1: (Nondecisional) The Applicant contends that the narrative reason for the discharge should be changed to full medical retirement with disability pay. Per the Secretary of the Navy Instruction 5420.174D, Naval Discharge Review Board (NDRB) Procedures and Standards, the NDRB does not have the authority to change a narrative reason for discharge to a physical disability. Only the BCNR can grant this type of narrative reason change and can be petitioned for a determination of whether the medical condition or underlying diagnosis interfered significantly with the applicant’s ability to carry out the duties of their office, grade, rank or rating. The Applicant (using DD Form 149) may file the petition with BCNR, at 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490. Their website can be found at http://www.secnav.navy.mil/mra/bcnr.
Issue 2: (Nondecisional) The Applicant contends the Uncharacterized discharge was unjust and improper because the medical documentation was faulty, and she should have been diagnosed with multiple sclerosis (MS) not PTSD. The Applicant provides medical documentation, photos, post-service letters from neurologist and educational accomplishments for consideration. The Applicant provided additional medical records on 08 July 2015, 16 July 2015, and 08 October 2015. The Applicant points out medical record inconsistencies with the family history, and lack of scarring from a suicide gesture as evidence that she was misdiagnosed. She also denies the suicide gesture, pre-service rape, and emotional abuse which led to her PTSD diagnosis as well as the propriety of the medical documentation. As with Issue 1, the NDRB does not have the authority to change a discharge whose narrative reason is tied to a medical diagnosis; the applicant may file a petition with the BCNR to address the validity of the diagnosis.


Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and service record entries, and discharge process, the Board found the discharge was proper and equitable at the time of discharge. Therefore, the awarded characterization of service shall remain UNCHARACTERIZED (ENTRY LEVEL SEPARATION) and the narrative reason for separation shall remain ERRONEOUS ENTRY. The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of her 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: Effective 6 February 2015, the NDRB is authorized to change a NDRB Applicant’s Reenlistment Code if related to an accompanying change in discharge characterization or narrative, but this authority is strictly limited to those cases where an applicant’s narrative reason or characterization of discharge is changed and that change warrants revision of the previously issued reenlistment code. 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 | ND1500582

    Original file (ND1500582.rtf) Auto-classification: Denied

    Applicant’s Request: Characterization change to: HONORABLE OR GENERAL (UNDER HONORABLE CONDITIONS) Narrative Reason change to: NONE REQUESTED Summary of Service Prior Service: Inactive: USNR (DEP) 20130429 - 20131208 COG Active: NONE Period of Service Under Review: Date of Current Enlistment: 20131209 Age at Enlistment: 25 Period of Enlistment: 4 Years NO Extension Date of Discharge: 20140226 Highest Rank/Rate: SA Length of Service: 00 Year(s) 02 Month(s) 18 Day(s) Education Level: 13 AFQT:...

  • NAVY | DRB | 2015_Navy | ND1500408

    Original file (ND1500408.rtf) Auto-classification: Denied

    Applicant’s Request: Characterization change to: HONORABLE Narrative Reason change to: NONE REQUESTED Summary of Service Prior Service: Inactive: USNR (DEP) 20130612 - 20131209 COG Active: NONE Period of Service Under Review: Date of Current Enlistment: 20131210 Age at Enlistment: 19 Period of Enlistment: 4 Years 24 MONTHS Extension Date of Discharge: 20140211 Highest Rank/Rate: AA Length of Service: 00 Year(s) 02 Month(s) 02 Day(s) Education Level: 12 AFQT: 51 Evaluation Marks: Performance:...

  • NAVY | DRB | 2010_Navy | ND1000468

    Original file (ND1000468.rtf) Auto-classification: Denied

    The NDRB conducted a thorough review of the Applicant’s military service record, administrative separation package, the circumstances that led to her discharge, and the discharge process to ensure her discharge met the pertinent standards of equity and propriety.In accordance with the MILPERSMAN, a member of the Naval Service may be separated on the basis of erroneous enlistment when that enlistment would not have occurred if relevant facts had been known by the Department of Navy and the...

  • NAVY | DRB | 2009_Navy | ND0900380

    Original file (ND0900380.rtf) Auto-classification: Denied

    Besides the Applicantsstatement on the DD Form 293, she provided a character reference, congressional correspondence and a recent psychiatric diagnosis of her current condition, stating there is no evidence of a diagnosis for personality disorder.The Board applauds the Applicant for her success in life now and wishes her the best in future endeavors.Although the Applicant has made great strides over-coming difficult situations and stressors in her life, the Board has determined that the...

  • NAVY | DRB | 2006_Navy | ND0601051

    Original file (ND0601051.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20030117Reason for Discharge erroneous entryLeast Favorable Characterization: Date Applicant Responded to Notification: 20030117Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement Discharge directed by (date):COMMANDING OFFICER 20030123Narrative reason directed:ERRONEOUS ENTRYCharacterization directed: UNCHARACTERIZED Date Applicant Discharged: 20030128 Additional...

  • NAVY | DRB | 2014_Navy | ND1400051

    Original file (ND1400051.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20100310 - 20100816Active: Period of Service Under Review: Date of Current Enlistment: 20100817Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20101216Highest Rank/Rate:SNLength of Service:Year(s)Month(s) 00 Day(s)Education Level:AFQT: 53EvaluationMarks:Performance:NFIRBehavior:NFIROTA: NFIRAwards and Decorations (per DD 214):NONEPeriods of...

  • NAVY | DRB | 2014_Navy | ND1400391

    Original file (ND1400391.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20110614 - 20120619Active: Period of Service Under Review: Date of Current Enlistment: 20120620Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20120816Highest Rank/Rate:SRLength of Service:Year(s)Month(s) 27 Day(s)Education Level:AFQT: 51EvaluationMarks:Performance:N/ABehavior:N/AOTA: N/AAwards and Decorations (per DD 214):NONEPeriods of...

  • NAVY | DRB | 2008_Navy | ND0800515

    Original file (ND0800515.rtf) Auto-classification: Denied

    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 ” 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...

  • NAVY | DRB | 2011_Navy | ND1100376

    Original file (ND1100376.rtf) Auto-classification: Denied

    The Board determined the assigned Narrative Reason for Separation was proper, and that relief based on this issue is not warranted. 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...

  • NAVY | DRB | 2013_Navy | ND1301817

    Original file (ND1301817.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20070418 - 20071028Active: Period of Service Under Review: Date of Current Enlistment: 20071029Age at Enlistment: Period of Enlistment: YearsExtensionDate of Discharge:20080131Highest Rank/Rate: ARLength of Service: Year(s) Month(s) 03 Day(s)Education Level:AFQT: 92EvaluationMarks:NFIRAwards and Decorations (per DD 214):NONEPeriods of UA/CONF:...