ex-AN, USN

Current Discharge and Applicant’s Request

Application Received:  20080220
Characterization of Service Received:  
Narrative Reason for Discharge:  
Authority for Discharge:  MILPERSMAN 3630600 (COMMISSION OF A SERIOUS OFFENSE)

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

Summary of Service

Prior Service:
Inactive: USNR (DEP)	19931210 - 19940321  		Active:   

Period of Service Under Review:
Date of Enlistment: 19940322	Period of Enlistment:   Years   Extension	Date of Discharge:  19980526
Length of Service:    Yrs    Mths  05  Dys	Education Level:  	Age at Enlistment:  	AFQT:  87
Highest Rank/Rate:  AT3	Evaluation Marks:  Performance: 3.8(2)	Behavior: 4.0(2)	OTA:  3.80 (4.0 evals)
					  Performance: NOB	Behavior: 1.0 (1)	OTA: 1.00 (5.0 eval)
Awards and Decorations (per DD 214):     

Periods of UA/CONF:  

NJPs:	
	19980506:  Art .  Awarded -     Susp - 

Retention Warnings:  .
	19961031:  For failing the PRT/failing to participate in the official PRT.
	UNDATED:  For inability to perform basic tasks for level of experience, needs constant supervision to perform 
                                    assigned task, displays no motivation or concern for job performance, unwilling to contribute to 
                                    Command Mission, and demonstrates a complete lack of initiative.
	19980504:  For failure to report in prescribed uniform of the day.
	19980511:  No further information found in service record.  [Date extracted from Commanding Officer’s letter dated 
                                 19980710.]

Types of Documents Submitted/reviewed

Related to Military Service:	DD 214:  	Service and/or Medical Record:  		Other Records:  

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

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

Applicant’s Issues

1. Employment opportunities.
2. Misconduct not deliberate, due to preexisting medical condition.

Decision

Date:  20080606		Location:  Washington D.C	 Representation:  

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

Discussion

: The Applicant is requesting an upgrade in the characterization of discharge in order to obtain gainful employment with the Veterans Administration.    which the Board does not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum, specifically the paragraph concerning. 

 ():  .  The Applicant contends the discharge characterization should be upgraded to Honorable because her misconduct was not deliberate but caused by a preexisting medical condition, specifically Paranoid Schizophrenia.  She presented medical records dated 15 January 2002, almost 4 years after her discharge, confirming the diagnosis of Paranoid Schizophrenia; the medical evaluation states the Applicant claims to have religious preoccupations with fear of punishment by God if she doesn’t live by the Commandants and she suspects sexual abuse as a child.  

The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will upgrade the characterization of discharge if such a change is warranted.  During April 1998 the Applicant submitted a request for consideration to be discharged from the service as a “Conscientious Objector”; subsequently, she was assigned to duties which would provide the minimum conflict with her beliefs.  According to the CO, Patrol Squadron TEN letter of 10 July 1998 she did not maintain the same standards of behavior as other members assigned to the command and her continued defiance of Navy Standards were prejudicial to good order and discipline.  She was processed for separation by reason of misconduct due to the commission of a serious offense as evidenced by her nonjudicial punishment on 6 May 1998 for violation of the Uniform Military Code of Justice (UCMJ), Article 92 (Failure to obey a lawful order).  A violation of the UCMJ, Article 92 is considered a serious offense for which a punitive discharge is authorized if adjudged by a Special or General Courts Martial.  There is no evidence in the military record, nor has the Applicant presented any documentation to demonstrate she was suffering from Paranoid Schizophrenia while in the service or at the time of discharge, or that such condition caused her to engage in misconduct.  A review of her Report of Medical Examination during her enlistment period does not reflect any adverse medical issues.  The only comment noted was she had her tonsils removed at age 6; otherwise, she indicated she was in good health.  Additionally, there is no evidence in the record to suggest the Applicant was not responsible for her misconduct or that she should not be held accountable for her actions.   The Board found the Applicant’s characterization of discharge was appropriate and her evidence of a post-service diagnosis was not found to mitigate her in service misconduct for which she was discharged.

After a thorough review of the available evidence, to include the Applicant’s Summary of Service,   Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found  

Pertinent Regulation/Law

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 December 1997 until 
29 March 2000, 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 other medical related reasons.  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