ex-YNSN, USN

Current Discharge and Applicant’s Request


Applicant’s Request:     Characterization change to:      NONE REQUESTED
         Narrative Reason change to:      SEPARATION AUTHORITY

Summary of Service

Prior Service:
Inactive:        USNR (DEP)       20010205 - 20010207 COG         Active:  USMC 19910410 – 19911219 HON

Period of Service Under Review:

Date of Current Enlistment: 20010208    Age at Enlistment: 30
Period of Enlistment: 4 Years NO Extension
Date of Discharge: 20021215     Highest Rank/Rate: YNSN
Length of Service: 01 Year(s) 10 Month(s) 07 Day(s)
Education Level: 13     AFQT: 42
Evaluation Marks:        Performance: 3.0 (2)     Behavior: 2.5 (2)       OTA: 2.83

Awards and Decorations (per DD 214):     NDSM

Periods of UA/CONF: NONE

NJP: 1

- 20020215:      Article 123a (Making, drawing, or uttering check, draft, or order without sufficient funds)
         Awarded: RIR Suspended: NONE [Extracted from Commanding Officer letter dated 20021209]
        
SCM: NONE SPCM: NONE CC: NONE

Retention Warning Counseling: 2

- 20020917:      For having trouble adapting to the military lifestyle and the fast pace demanding by the squadron Admin Department. You required much more supervision and your work production is far below that of the other YN’s with similar time in service. During these counseling sessions with Admin Office, LCPO and LPO, you made several statements that concerned the command including” I don’t want to get to the point where I hurt myself or become an alcoholic or drug addict.” You also made statements to the effect that if we were unable to help him go home that you didn’t know if you would be able to make it. You stated that you hate your job and hate being here. You stated that you can’t take being in the military any longer and don’t like it at all because there are too many games. You reported that you went through a lot of red tape to come into the Navy after being discharged from the USMC for personality disorder. Your recruiter told you that you could easily change rate after one year because the rate you wanted to enlist for was not available, but due to NJP and some qualifications you were not qualified to change rate. You have reported also that your current primary stressor is you dislike for the military.

- 20021203:      For last Page 13 on 20020917, your performance has not shown improvement in the Yeoman rate. Though you complete your tasks with supervision, you have not taken the initiative on attempting to further your skills in the Yeoman rate. Frequently you demonstrate a negative attitude in the office by not attempting to show any interest in working in the Admin Department. Your continuation of presenting your frustration of being in the Navy puts a negative impact on other shipmates in the department. Your negative attitude and lack of motivation is shown in your progress of getting Enlisted Aviation Warfare Specialist Qualification. Your work performance diminished tremendously when task with more than one tasks, you tend to show frustration and ask for a cigarette break.


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:        

Types of Witnesses Who Testified

         Expert:           Character:      

Pertinent Regulation/Law

A. Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until 19 June 2005, Article 1910-122, Separation By Reason of Convenience of the Government - Personality Disorder(s).

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 that he was improperly diagnosed with a personality disorder and now has a VA mental health evaluation clearing him of a personality disorder.

Decision

Date: 20150806   DOCUMENTARY REVIEW       Location: Washington D.C.        Representation: NONE

By a vote of 5-0 the Characterization shall remain HONORABLE .
By a vote of 5-0 the Narrative Reason shall remain PERSONALITY DISORDER .


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 completed 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 two NAVPERS 1070/613 (Page 13) warnings, one nonjudicial punishment (NJP) for violation of the Uniform Code of Military Justice (UCMJ): Article 123a (Making, drawing, or uttering check, draft, or order without sufficient funds). Based on the diagnosis of a personality disorder, his command administratively processed him for separation. When notified of administrative separation processing using the notification procedure, the Applicant waived his 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 MENTAL HEALTH DIAGNOSIS and in accordance with U.S. Code, Title X, Section 1553 (e)(2), the Naval Discharge Review Board included a member who is a clinical psychologist or psychiatrist, or a physician with special training on mental health disorder. The Applicant’s service record documents the Applicant was diagnosed with a personality disorder while serving in the armed forces.

Issue 1: (Decisional) (Propriety/Equity) RELIEF NOT WARRANTED. The Applicant contends that he was improperly diagnosed with a personality disorder and now has a VA mental health evaluation clearing him of a personality disorder.
Pursuant to Naval Military Personnel Manual (MILPERSMAN) Article 1910-122 members may be processed for separation based on a mental health professional’s clinical diagnosis of a personality disorder when the disorder is so severe that one’s ability to function effectively and perform their duties is significantly impaired, and the individual poses a threat to safety or well being of themselves or others. On 6 August 2002, the Applicant was diagnosed with personality disorder not otherwise specified by a staff psychologist from Naval Hospital Jacksonville. He was properly counseled and failed to correct his deficiencies and increase his yeoman rating knowledge. Before joining the Navy, the Applicant had enlisted in the Marine Corps in 1991 and was similarly discharged with a personality disorder after only eight months of service. The post-service mental health evaluation provided by the Applicant was conducted more than ten years after being separated which the NDRB determined was too long a period for relevance to his in-service diagnosis. The NDRB determined there was no impropriety with the discharge, and 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 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 HONORABLE and the narrative reason for separation shall remain PERSONALITY DISORDER. 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