ex-SN, USN
ND07-00371

Current Discharge and Applicant’s Request

Application Received:  20070205	Characterization Received:  
Narrative Reason:  PERSONALITY DISORDER Authority:  MILPERSMAN 1910-122

Applicant’s Request:	Characterization change to:  
			Narrative Reason change to: 
Applicant’s Issues:	1. Automatic upgrade after six months
	2. Performed duties judiciously
                                            3. GI Bill
                                            4. Post service –Employed

Decision

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

Date:  20071101	                      Location:  Washington D.C	 Representation:  

Discussion

Issue  1.  Applicant contends that “the discharge comes with a clause that says if a good character is maintained for six months an automatic upgrade is performed.”  In reviewing the Applicant’s administrative separation package, the board did not find any documents containing such language.    which the Board does not have the authority to grant the relief Applicant is seeking.  The Applicant is directed to the attached Addendum for additional information on Automatic Upgrades.  

Issue  2  ().  The Applicant further contends that he should receive an honorable discharge because he performed his duties judiciously, to the best of his knowledge.  An honorable characterization is warranted when a service member’s performance has been honest and faithful.  A discharge with a characterization of general (under honorable conditions) is warranted when there are significant negative aspects of a member's conduct or performance shown in the member's military record.  The Applicant’s service/medical records show the following: 1) on 20 June 2003, Applicant completed a DD form 2807 - Report of Medical History, and checked “no” on block 40, indicating that he had no Psychiatric history; 2) on 13 April 2006, Applicant was hospitalized after he voiced suicidal impulses and stated that he had been harming himself in order to be discharged from the Navy; 3) on, 20 April 2006, Applicant went to NJP for an Unauthorized absence, was found guilty and awarded punishment; and 4) on 18 May 2006, Applicant completed another DD From 2807- Report of Medical History and admitted that he had a history of depression and  had been treated for a mental condition.  This information contradicted the medical history that he provided upon entry into the Naval service.  The Applicant’s conduct, as outlined above, formed the primary basis for determining his character of service, reflecting his failure to meet the contractual requirements of the Navy and falls far short of that required for an upgrade of the characterization of service.

Issue 3 ().The Applicant states that he desires an upgrade to honorable in order to obtain educational benefits from the Veterans Administration (VA).    which the Board does not have the authority to grant the relief Applicant is seeking.  The Applicant is directed to the attached Addendum for additional information on Employment/Educational Opportunities.  

Issue 4 (Equity).  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 the Navy.  However, 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 should be provided to the Board include proof of educational pursuits, documentation of community service, and certification of non-involvement with civil authorities.  The Applicant has provided  proof of employment. However, this evidence alone is insufficient documentation for the Board to consider mitigating the discharge.

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  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 

Administrative Corrections to the Applicant’s DD 214

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

	  15 Jan 04.

The NDRB will recommend to the Commander, Navy Personnel Command, that the DD 214 be corrected as appropriate. 

Summary of Service

Prior Service:
Inactive: USNR (DEP)	20030620 - 20040207  		Active:   	
Period of Service Under Review:
Date of Enlistment: 20040208	Years Contracted:  ; Extension:    		Date of Discharge:  20060531
Length of Service:  02  Yrs  03  Mths  24  Dys	Lost Time:  Days UA:    Days Confined:  
Education Level:  1l th, College degree from Nigeria  Age at Enlistment:  	AFQT:  46	Highest Rank/Rate:  HN
Evaluation marks (# of occasions):	Performance:  N/A	Behavior:  N/A)		 OTA:  N/A 
Awards and Decorations (per DD 214):  NDSM

Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

20030620:	Medical Record: DD form 2807 Report of Medical History –enlistment physical. Applicant checked “no” on block 40 re: Psychiatric history; also checked “no” on blk 17f  -Depression or excess worry.

20060413:	Medical Record:  Reason for visit:  Psychiatric hospitalization after he voiced suicidal impulses and stated he has been harming himself in order to be discharged from the Navy (malingering).
	Diagnosis:  
Axis I: Depressive Disorder, NOS (He is depressed being in the Navy) EPTE, NSA
	Axis II: Personality Disorder NOS with antisocial and borderline behavior, EPTE, NSA
Recommendation:  Administrative Separation.

20060420:	NJP -- Viol UCMJ Art. 86 – Unauthorized absence.
	Awarded - FOP ($798.00) for (1 month); Raster for (45 days); Extra duties (45 days).

20060420:	Retention Warning for violation of UCMJ, Article 86-Absence without leave.

20060518:	DD From 2807 - Report of Medical History: Applicant checked “yes” on block 17f, g indicating that he had a history of depression, had been evaluated and treated for a mental condition; he wrote the following explanation, “I was previously treated for depression due to prolonged family issues and I was seen by a psychiatrist and placed on antidepressant medication”

Discharge Process

Date Notified:					20060505
Reason for Discharge:	 - 
	
Least Favorable Characterization:	

Date Applicant Responded to Notification:		20060505

Rights Elected at Notification:
	Consult with Counsel			
	Obtain Copies of Documents		
	Submit Statement(s) (date)			
	Administrative Board			
	GCMCA review				

Commanding Officer Recommendation (date):	

Separation Authority (date):	COMMANDING OFFICER, NAVAL HOSPITAL CORPS SCHOOL, GREAT LAKES (20060509)
              Reason for discharge directed:	 - 
              Characterization directed:	

Date Applicant Discharged:	20060531

Types of Documents Submitted by Applicant and Considered By Board

Related to Military Service:	Service and/or Medical Record:  		Other Records:  

Related to Post-Service Period:  	
	Employment:  			Finances:  			Education: 		
	Health/Medical Records:  		Substance Abuse:			Criminal Records:  	
	Family/Personal Status: 		Community Service:  		References:  		
	
Additional Statements From Applicant:  	From Representative:    
Other Documentation (Describe)       

Pertinent Regulation/Law

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 20 June 2005 until Present, 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 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 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:  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 Yard DC  20374-5023