ex-CSSN, USN

Current Discharge and Applicant’s Request


Applicant’s Request:     Characterization change to:      HONORABLE
         Narrative Reason change to:      NONE REQUESTED
        
Summary of Service

Prior Service:
Inactive:        USNR (DEP)       20110506 - 20111030 COG         Active:  NONE

Period of Service Under Review:

Date of Current Enlistment: 20111031    Age at Enlistment: 21
Period of Enlistment: 4 Years 12 MONTHS Extension
Date of Discharge: 20140219     Highest Rank/Rate: CSS3
Length of Service: 02 Year(s) 03 Month(s) 20 Day(s)
Education Level: 12     AFQT: 70
Evaluation Marks:        Performance: 3.0 (3)     Behavior: 2.5 (2)       OTA: 2.44

Awards and Decorations (per DD 214):     Pistol MM NMCAM NDSM SSDR

Periods of CONF: NONE

NJP: 1

- 20131112:      Article 86 (Absence without leave; O/A 20131027 to 20131028, SNM left submarine without permission from a foreign port and returned CONUS without authorization.)
         Article 87 (Missing movement; O/A 20131112)
         Awarded: RESTR FOP RIR Suspended: FOP

SCM: NONE                                   SPCM: NONE                         CC: NONE

Retention Warning Counseling: 1

- 20140115:      That diagnosis of Adjustment Disorder may be a disqualifying factor in determining suitability for further Naval service.

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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 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 IV, Para 403m(7)(a), Presumption Concerning Court-Martial Specifications.

DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

1.       The Applicant contends the discharge is inequitable because it was based on isolated incident in 28 months of service.
2.       The Applicant contends the discharge is improper because Applicant was denied proper medical treatment.
3. The Applicant contends the discharge should be strictly for medical reasons and service connected disabilities.

Decision

Date: 20150625   DOCUMENTARY REVIEW       Location: Washington D.C.        Representation: NONE

By a vote of 5-0 the Characterization shall remain UNDER HONORABLE CONDITIONS (GENERAL) .
By a vote of 5-0 the Narrative Reason shall remain CONDITION, NOT A DISABILITY .

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 Board did complete a thorough review of the circumstances that led to his discharge and the discharge process to ensure his discharge met the pertinent standards of equity and propriety. The Applicant’s record of service included one NAVPERS 1070/613 (Page 13) warnings, one nonjudicial punishment (NJP) for violations of the Uniform Code of Military Justice (UCMJ): Article 86 (Absence without leave) and Article 87 (Missing movement). Based on the offenses committed by the Applicant, his command administratively processed him for separation. When notified of administrative separation processing using the notification procedure, the Applicant exercised his rights to consult with a qualified counsel, submit a written statement, and waived a General Court-Martial Convening Authority review.

Issue 1: (Decisional) (Equity) RELIEF NOT WARRANTED. The Applicant contends the discharge is inequitable because it was based on isolated incident in 28 months of service. The Applicant provided copies of awards and citations and other documentation indicating superlative performance. In determining discharge characterization of service, the Applicant’s conduct forms the primary basis for consideration. The Applicant’s record included a single NJP for unauthorized absence and missing movement. Though the Applicant may feel that his mental health was the underlying cause of his misconduct, the record reflects willful misconduct and a conscious decision to violate the tenants of honorable and faithful service. Certain serious offenses warrant separation from the service to maintain proper order and discipline. This usually results in an unfavorable characterization of discharge or, at a maximum, a punitive discharge and possible confinement if adjudicated and awarded as part of a sentence by a special or general court-martial. The command notified the Applicant of separation proceedings based on his Adjustment Disorder as well as Commission of a Serious Offense. The command did not pursue a punitive discharge but opted instead for the more lenient administrative discharge based on the medical diagnosis. An Under Honorable Conditions (General) discharge is warranted when the quality of the member’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance of duty outweighed the positive aspects of the member’s service record. The characterization of service received was appropriate considering the length of service and the seriousness of the UCMJ violations. The NDRB found the characterization of the Applicant’s discharge was equitable and consistent with the characterization of discharge given others in similar circumstances. Relief denied.

Issue 2: (Decisional) (Propriety) RELIEF NOT WARRANTED. The Applicant contends the discharge is improper because Applicant was denied proper medical treatment. The NDRB requested the Applicant’s medical treatment records, but the VA was unable to locate them. The service record contained the Applicant’s psychiatric recommendation for separation dated 13 January 2014 in addition to other medical documentation from December 2013 appointments. The determination to separate the Applicant was made months after the November misconduct and only after an extensive medical assessment by a Psychologist resulting in a diagnosis of Adjustment Disorder with Depressed Mood following the misconduct. On 15 January 2014, the Applicant declined a 30 day correctional period which could have allowed him to continue his service. Also in December of 2013, the Applicant was given the opportunity to complete a temporary duty assignment aboard a different submarine to see if the change would alleviate the symptoms. Relief denied.


Issue 3: (Decisional) (Propriety) RELIEF NOT WARRANTED. The Applicant contends the discharge should be strictly for medical reasons and service connected disabilities. The Applicant was properly notified of his separation based upon a Condition not a Disability as well as Commission of a Serious Offense. The Separation Authority assigned Condition not a Disability as the primary narrative reason for the separation and that reason is correctly listed on the Applicant’s DD-214. Relief denied.

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, 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 UNDER HONORABLE CONDITIONS (GENERAL) and the narrative reason for separation shall remain CONDITION, NOT A DISABILITY. The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of his 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 , or http://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx 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