ex-PN3, USN
ND07-00593

Current Discharge and Applicant’s Request

Application Received:  20070403 	Characterization Received:  
Narrative Reason:  MISCONDUCT (SERIOUS OFFENSE)		 Authority:  MILPERSMAN 1910-142

Applicant’s Request:	Characterization change to:  
			Narrative Reason change: 

Applicant’s Issues:	1.  Documented personality disorder

Decision

By a vote of  the Characterization shall  .	
By a vote of  the Narrative Reason shall  MISCONDUCT (SERIOUS OFFENSE).

Date:  20071120     		Location:  Washington D.C	 Representation:  

Discussion

Issue 1 ():  In the Applicant’s case the separation process was in strict compliance with the Naval Military Personnel Manual.  The Applicant’s service was marred by one nonjudicial punishment for violation of UCMJ article 86 (unauthorized absence) and violation of UCMJ Article 92 (dereliction of duty) as well as a retention warning for dereliction of duties and worthless checks.  The Applicant was diagnosed with a personality disorder (impulsivity, gambling disorder and premenstrual dysphoiric disorder) by competent medical authority.  However, the Applicant was not assessed to be a risk to harm self or others.  In accordance with regulation, when separation processing is warranted for any reason in addition to personality disorder (convenience of the government), dual or multiple processing is required.  The Applicant was multiple processed for separation by reason of misconduct due to the commission of a serious offense (violation of UCMJ Article 92) and convenience of the government due to a diagnosed personality disorder.  The separation authority determined that misconduct due to the commission of a serious offense most clearly described the reason for discharge.  Since no other narrative reason for separation could more clearly describe why the Applicant was discharged, a change would be inappropriate.

Summary of Service

Prior Service:
Inactive: USNR (DEP)			20020223 - 20020505  		Active:   
Period of Service Under Review:
Date of Enlistment: 20020506	Years Contracted:  ; Extension:  	Date of Discharge:  20050803
Length of Service:  03 Yrs 02 Mths 28 Dys					Lost Time:  
Education Level:  	Age at Enlistment:  		AFQT:  53		Highest Rank/Rate:  PN3
Evaluation marks (# of occasions):	Performance:  2.0(3)	Behavior:  2.3(3)	 	OTA:  2.17 (3)
Awards and Decorations (per DD 214):  NDSM, GWOTSM

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

20030717:	NJP - viol UCMJ Art. 86 (fail to go to appointed place of duty) and Art. 92 (dereliction of duty) 
	Awarded - Restr (30 days); Extra duties (30 days).

20030909:	Naval Hospital Balboa diagnosed Applicant with pathological gambling, dysthymic disorder, adjustment disorder, and personality disorder.  Not diagnosed to represent a threat to harm self or others.  [Extracted from Commander, Navy Region Southwest letter dated 20050720.]

20031024:	Naval Hospital, Camp Pendleton diagnosed Applicant as a chronic gambler and prescribed outpatient treatment.  [Extracted from Commander, Navy Region Southwest letter dated 20050720.]

20040722:	Retention Warning for making and uttering worthless check and dereliction of duties.

20050111:	Medical Record:  Diagnosis:  borderline personality disorder.  [Extracted from Commander, Navy Region Southwest letter dated 20050720.]

20050203:	Balboa Naval Hospital recommended the Applicant for separation due to no significant improvement following medical and therapeutic treatments for previously diagnosed impulsivity and dysphoria.

20050720:	Commander, Navy Region Southwest advised Commander, Navy Personnel Command of the Applicant’s discharge and under other than honorable conditions characterization of service due to misconduct – commission of a serious offense.  Commander’s comments:  “She has a history of significant performance and behavior deficiencies....October 2003 diagnosed as a compulsive gambler and provided treatment...July 2004 command notification of returned checks from various entities for non-sufficient funds...converted from MA to PN due to chronic difficulties with affect which resulted in her not being able to be issued a weapon on a routine basis...NJP for UA and dereliction of duty as a result of her failure to properly account for DoD decals while working at Pass and ID...In March of 2005, PN3 G_ (Applicant) assaulted a DoD police officer with her vehicle, fled the scene and was subsequently found to  be in possession of knives...” 

Discharge Process

Date Notified:					20050420
Reason for Discharge:	 - 
	 - 
Least Favorable Characterization:	

Date Applicant Responded to Notification:		20050420
Rights Elected at Notification:
	Consult with Counsel			
	Obtain Copies of Documents		
	Submit Statement(s) (date)			
	Administrative Board			
	
Administrative Board Date:	20050707
              Findings, by preponderance of the evidence:
BY   - - 
BY   - - .
	BY  -SEPARATION  WARRANTED.
              Recommendation on Separation: 	BY  -
              Recommendation on Characterization:	
BY - 

Commanding Officer Recommendation (date):	UNDER OTHER THAN HONORABLE CONDITIONS (20050720)
Separation Authority (date):	COMMANDER, NAVAL PERSONNEL COMMAND (20050720)
              Reason for discharge directed:	 - 
              Characterization directed:	
Date Applicant Discharged:	20050803

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 26 April 2005 until Present, Article 1910-142, SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

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.

C.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 92.

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