ex-SN, USN
ND06-01119

Current Discharge and Applicant’s Request:

Application Received:  				20060822
Characterization of Service:			
Narrative Reason for Separation:			
Discharge Authority:				MILPERSMAN 1910-120
Last Duty Assignment/Command at Discharge:	NAVHOSP CORPS SCHOOL GREAT LAKES IL

Applicant’s Request:	
	Characterization change to:		
	Narrative Reason change to: 		
	Review Requested:			
Representation:  					
Issues (as summarized by NDRB):			1.  Two prior Honorable enlistments in US Army
2.  Observed sleepwalking not medical diagnosis, do not sleepwalk

Decision:

Date of Decision:					20070727
Location of Board:				Washington D.C.
Complete Service Record:				
Complete Medical Record:			
Complete Discharge Package:			

Regarding propriety, the Board found the discharge:	
Regarding equity, the Board found the discharge:	

By a vote of  the Characterization shall  UNCHARACTERIZED ().	
By a vote of  the Narrative Reason shall  .

Summary of Service:

Prior Service:
Active:   USA					19891122 - 19931121	HON
	USA					19950406 - 19980114	HON
	USAR					UNKNOWN - 20000226	HON
Inactive: USNR (DEP)				2001018 - 200101222	

Period of Service Under Review:
Date of Enlistment:  				20010123
Years Contracted:  				;  
Date of Discharge:				20010618
Length of Service:				00  Yrs 04  Mos 26  Days
Time Lost During This Period:			

Education Level:  				
Age at this Enlistment:  				
AFQT:  						36
Highest Rate/Rank:				SN

Performance Evaluation Averages (number of marks):
Performance:					N/A
Behavior:					N/A
OTA:						N/A

Awards and Decorations (as listed on the DD Form 214):  ARMY LAPEL BUTTON; ARMY COMMENDATION MED; ARMY GOOD CONDUCT MED; ARMED FORCES SERVICE MED; NAT'L DEF SERV MED; SW ASIA SERV MED(W/3 BRONZE STARS); ARMY SERV RIBBON; NORTH ATLANTIC TREATY ORGANIZATION MEDAL; KUWAIT LIBERATION MEDAL(KUWAIT & SAUDI); SHARP SHOOTER BADGE GRENADE, MARKSMAN BADGE RIFLE.

Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

20010606:  Applicant notified of his intended recommendation for discharge with the least favorable characterization of service as entry level separation by reason of convenience of the government – physical or mental conditions.

20010606:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

20010606:  Commanding Officer, Naval Hospital Corps School informed Chief, Naval Personnel of the Applicant’s discharge by reason of convenience of the government with a service characterization of uncharacterized (entry level separation).  Commanding Officer’s comments:  “Based on SN R_’s (Applicant) diagnosis of sleepwalking disorder (EPTE), I strongly recommend that SN R_ be separated from the naval service with an entry level separation.  His sleepwalking disorder is not considered amenable to effective treatment in a military setting.  If retained he is considered to present a risk for deterioration in functioning and or a continuing danger to himself or others.”

Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation

20010604:	Mental Health Department, Naval Hospital, Great Lakes, IL.  Applicant evaluated and is considered unsuitable for military service.
	Diagnosis:		AXIS I:  Sleepwalking disorder, EPTE.
	Recommendation:	Applicant recommended for an administrative separation.
	Evaluation by V.D. C. Clinical Psychologist, Ph.D, reviewed and accepted by K. S. H. Capt USN, Head Mental Health Clinc.
	Evaluation:		Applicant described two incidents of sleepwalking during the previous two weeks 			as well as and episode during his junior year of high school.  Furthermore, he 				expressed his dislike for the US Navy and desire to be discharged.   

Elements of Discharge:  [INVOLUNTARY]

Discharge Process:				
Date Notified:					20010606
Reason for Discharge	  due to:  PHYSICAL OR MENTAL CONDITIONS
Least Favorable Characterization:			
Date Applicant Responded to Notification:		20010606
Rights Elected at Notification:
Consult with Counsel			
Administrative Board			
Obtain Copies	  			
Submit Statement(s) (date)			
GCMCA Review				

Recommendation of Commanding Officer (date):	  (20010606)
Separation Authority (date):	COMMANDING OFFICER, NAVAL HOSPITAL CORPS SCHOOL (20010606)
Narrative reason directed:				PHYSICAL OR MENTAL CONDITIONS
Characterization directed:	UNCHARACTERIZED (ENTRY LEVEL SEPARATION)
Date Applicant Discharged:			20010618

Additional Information Considered by Board

Type of documentation submitted by the Applicant and considered by the Board
       
       	Document Type					#Pages
       Related to Period of Service Under Review:
	Service/Medical Record:				1
	Other Period of Service:				3
       Related to Post-Service Period:
	Community Service:				0
	Education:					0
	Employment:					0
	Health/Medical:					0
	Character Statements:				2
	Criminal Records Checks:				0
	Additional Statements from Applicant:		0
        
        Total Number of Pages:				6

Discussion

Issue 1 (two prior honorable enlistments in US Army):   either  which the Board cannot form the basis of relief for the Applicant, or  the Board does not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum regarding .  

Decisional Issues:

Issue 2  (observed sleepwalking not medical diagnosis, do not sleepwalk):  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/or the reason for discharge if such change is warranted.  The Applicant was properly diagnosed by competent medical authority with a sleep walking disorder and was subsequently properly discharged in accordance with the Naval Military Personnel Manual Article 1910-120.  The statements provided by the Applicant’s Mother and girlfriend do not refute the findings of the medical evaluation nor does it invalidate the diagnosis received while on active duty.  

For the information of the Applicant, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service.  Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service.  The Applicant's service record did not contain any unusual circumstances during his less than five months in the U. S. Navy to warrant a change of discharge to honorable.  

The Applicant should also be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence (from the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge, and evidence submitted by the Applicant) to rebut the presumption.  

Pertinent Regulation/Law

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 20 May 1999 until 27 August 2001, 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 II, Para 211, Regularity of Government Affairs, Part V, Para 502, Propriety and Para 503, Equity.

ADDENDUM:  Information for the Applicant

Complaint Procedures:  If you believe that 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.  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:  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.  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.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits:  The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board.  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 Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’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 Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Additionally, the Board 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 subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended.  The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct, 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 “PTSD.”  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  

Automatic Upgrades - There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge 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.  Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  

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 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.  

Board Membership:  The names and votes of the members of the 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 Yar d DC  20374-5023