ex-SR, USN

Current Discharge and Applicant’s Request

Application Received: 20090114
Characterization of Service Received:  
Narrative Reason for Discharge: 
Authority for Discharge:  MILPERSMAN 

Applicant’s Request:  Characterization change to:  
		       Narrative Reason change to:  PLUE CHANGE RE-ENTRY CODE TO RE

Summary of Service

Prior Service:
Inactive:	USNR (DEP)	20070731 - 20070907  	Active:	
	USNR (DEP)	20071004 - 20071029  

Period of Service Under Review:
Date of Enlistment:  20071030	Age at Enlistment:  
Period of Enlistment:   Years   Extension
Date of Discharge:  20080318	Highest Rank/Rate:  SR
Length of Service:   Year(s)     Month(s)   19 Day(s)
Education Level:  	AFQT:  35
Evaluation Marks:	Performance:  NFIR	Behavior:  NFIR     OTA:  NFIR

Awards and Decorations (per DD 214):	

Periods of UA/CONF:  

NJP:     SCM:     SPCM:     CC:     Retention Warning Counseling:  

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:  

Pertinent Regulation/Law

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 20 June 2005 until 28 May 2008, 
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.

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

Applicant’s Issues

1.  RE Code should be RE-1.
2.  Narrative reason incorrect.

Decision

Date:  20090416		Location:  Washington D.C.	Representation:  

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

Discussion

:  The Applicant contends her Re-entry code should be changed to RE -1 because she only completed basic training.  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 s, for additional information regarding .

:  ()  .  The Applicant further contends her narrative reason is incorrect because there is no evidence she was seen by a psychiatrist on a regular basis and diagnosed with a personality disorder.  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 NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the characterization of service or reason for discharge if such a change is warranted.  The Applicant’s record of service reflects she was seen at the Naval Health Psychiatric Clinic, Great Lakes on 5 February 2008 with the following chief complaints:  “I should not be here…I don’t like to be bothered. I have been having anxiety attacks”.  The Applicant told the provider, “I am going home one way or another.  I cannot deal with this”.  Based on her complaints of depression, anger, anhedonia, social withdrawal, and decreased functioning ability, she was diagnosed with Adjustment disorder and recommended for administrative separation.  On 8 February 2008, the Applicant was presented to the emergency room for evaluation based on depression and suicidal ideations; she voluntarily agreed to be admitted to a psychiatric unit for treatment (which is a locked unit).  On 9 February 2008, upon entering the locked unit, the Applicant reported she no longer wanted to be admitted and was redirected by the staff and attending psychiatrist.  She was examined on 11 February 2008 and was extremely loud, rude, outraged at being on the psychiatric unit and amazed she had not been separated.  The Applicant threatened repeatedly if not let out she would kill herself and the Navy could explain to her parents how they did not take her seriously.  She was recommended for administrative separation and deemed a high risk for harm to self or others if retained on active duty. 

On 7 March 2008, the Applicant was notified of administrative separation processing due to a personality disorder and she waived all of her rights with the exception of receiving copies of all documents to be submitted to the separation authority.  Based on the aforementioned evidence, the NDRB determined there was sufficient basis to discharge the Applicant due to a personality disorder.  The medical evidence contradicts the Applicants assertions she did not have a personality disorder and “…there is nothing there that indicates me having a personality disorder.” The documentation and statements provided by the Applicant were not sufficient to overturn the evidence that the Applicant was properly diagnosed with a personality disorder by a competent medical authority.  The NDRB finds the Reason for Discharge reflects the Applicant's mental health status at the time of her discharge, and was proper and equitable at the time of issuance.  The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates she was separated for a Personality Disorder.  "Personality Disorder" is an accurate narrative description of the reason for the Applicant's discharge.  The NDRB determined the awarded discharge characterization and narrative reason were appropriate and a change or upgrade would be inappropriate. 

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