ex-SN, USN

Current Discharge and Applicant’s Request

Application Received:  20050716
Characterization of Service Received:  
Narrative Reason for Discharge:  
Authority for Discharge:  MILPERSMAN 

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

Summary of Service

Prior Service:
Inactive: USNR (DEP)  20050331 - 20051010  		Active:   

Period of Service Under Review:
Date of Enlistment:  20051011	   Period of Enlistment:   Years   Extension	 Date of Discharge:  20071105
Length of Service:   Year     Months  26 Days	Education Level: 	Age at Enlistment:  	AFQT:  46
Highest Rank/Rate: 	SN	Evaluation Marks: Performance:	NFIR	Behavior:  NFIR 	OTA:  NFIR 
Awards and Decorations (per DD 214):	  

Periods of UA: 20070517-20070924 (4 Months, 8 Days)

NJP:      SCM:      SPCM:      CC:      Retention Warnings:  

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:		Substance Abuse:			Criminal Records:	
	Family/Personal Status:		Community Service:		References:		
              
	Additional Statements:
                             From Applicant:  	From Representation:         	From Congress member:    
              
	Other Documentation (Describe): 

Pertinent Regulation/Law

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 31 May 2005 and Present, Article 1910-106, SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL.
 
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.

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

Applicant’s Issues

1.  “Under Other Than Honorable” conditions discharge hinders her ability to obtain employment.
2.  Experiencing a great deal of family problems and stress at the time of discharge.

Decision

Date:  20081106	       	Location:  Washington D.C.	Representation:  

By a vote of  the Characterization shall  .
By a vote of  the Narrative Reason shall  SECRETARIAL AUTHORITY.

Discussion

:  The Applicant is requesting an upgrade contending an “Under Other Than Honorable” discharge may hinder her employment opportunities.  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, specifically the paragraph concerning , for additional information regarding .

:  ()  .  The Applicant contends her discharge should be upgraded because she was experiencing a lot of family problems and stress at the time of discharge but she is an honest, hard worker who has enrolled in school.  She has provided in service medical records in support of this request.  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.   The Applicant’s medical record indicates she was brought to the emergency room by friends on 17 April 2007 for symptoms of depression; she had been receiving counseling at the Navy Fleet and Family Service Center since January 2007 and from the chaplain onboard the USS WASP.  The Applicant was admitted to the psychiatric unit for crisis intervention and recommended for expeditious administrative separation on the basis of personality disorder of such severity as to render her incapable of serving adequately in the military.  The provider noted that if not expeditiously separated, the Applicant was considered likely to stage more dangerous actions which could harm her self or others.  On 17 May 2007, a month later, the Applicant entered into an UA status and surrendered after 128 days.  

After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an inequity in the discharge action and characterization of the Applicant’s service.  The Board considered as mitigating evidence, the efforts of the Applicant and friends in obtaining assistance for her personal problems and stress from the family service center, chaplain and the psychiatric department.  Furthermore, the Board noted the Applicant’s command did not comply with the mental health provider’s recommendation to expeditiously separate the Applicant for personality disorder as evidenced by the fact that a month later she was still in the command and went UA.  There was no other misconduct noted in the Applicant’s record other than this one incident of UA.    

Based on the command’s failure to administratively discharge the Applicant in a timely manner, the lack of evidence in the record to justify a delay in discharge and the mental condition of the Applicant at the time of discharge, the Board voted  4:1 to change the narrative reason to “Secretarial Authority” and voted unanimously to upgrade the characterization of service to “General (Under Honorable Conditions)”. 

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 

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 or is referred to a court martial 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 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 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 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 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