ex-PNSN, USN

Current Discharge and Applicant’s Request

Application Received: 20090407
Characterization of Service Received:    
Narrative Reason for Discharge:    
Authority for Discharge:   MILPERSMAN 

Applicant’s Request:  Characterization change to:  
		       Narrative Reason change to:  CONDITION, NOT A DISABILITY (KFV)

Summary of Service

Prior Service:
Inactive:	USNR (DEP)	19990824 - 19991026  	Active:	

Period of Service Under Review:
Date of Current Enlistment:  19991027	Age at Enlistment:  
Period of Enlistment:   Years   Extension
Date of Discharge:  20020127	Highest Rank/Rate:  PN3
Length of Service:   Year(s)     Month(s)   00 Day(s)
Education Level:  	AFQT:  NFIR
Evaluation Marks:	Performance:  4.0 (1)	Behavior:  3.0 (1)	OTA:  3.33

Awards and Decorations (per DD 214):	 

NJP:  
- 20000930:	Article 91 (Disobeying a Chief Petty Officer), 3 specifications
	Article 86 (UA)
	Awarded:   Suspended:  

SCM:  	SPCM:  	CC:  

Retention Warning Counseling:  

- Undated:	For CO’s NJP on 20000930 for violation of UCMJ Article 91 (Disobeying a Chief Petty Officer). 

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/To Representation:		From/To Congress member:	

                    Other Documentation:	

Pertinent Regulation/Law

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective 14 August 2001 until 
21 August 2002, 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.	Would like to reenlist/become an officer when he finishes school. 
2.	Claiming personality disorder was the quickest way to be discharged in order to take care of his spouse.

Decision

Date:  20091119		Location:  Washington D.C.	Representation:  

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

Discussion

The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.  In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  The Applicant’s record of service included  NAVPERS 1070/613 (Page 13) warning for disobeying a chief petty officer), and one nonjudicial punishment (NJP) for  of the Uniform Code of Military Justice (UCMJ): Article 86 (Unauthorized absence) and Article 91 (Disobeying a chief petty officer - 3 specifications).  Additionally, the Applicant’s Chronological Record of Medical Care, SF 600 of 9 November 2000, reflects the following: 
1) he was seen by the independent duty corpsman on board the USS STOUT (DDG 55) after threatening to kill himself by taking a bottle of tylox, 2) he had a past history of suicidal ideations, and 3) desired to solve problems in his marriage by committing suicide.  Based on this information, the Applicant was referred to Navy Medical Center Portsmouth (NMCP) that same day and admitted for further evaluation and treatment as outlined in the NMCP–Transdisciplinary Discharge Form 6300/22 signed by the Applicant and his discharge/attending physician on 13 November 2000.  The Applicant was hospitalized from 9 -13 November 2000, with the following diagnosis:  cocaine and amphetamine dependence in remission and personality disorder with borderline and antisocial features.  Additionally, the medical records indicate the following: 1) the Applicant was admitted for suicidal ideations in context of marital separation and difficulty adjusting to the US Navy, 2) he had a history of suicidal attempts in the past and was quickly stabilized on ward, 3) was deemed not imminently suicidal or homicidal but was determined to be a continuing risk to harm himself or others, and 4) was recommended for expeditious administrative separation, to join the administrative separation psychiatric support group, to attend Alcoholic Anonymous meetings, and to follow-up with the command drug alcohol program advisor.  The NDRB did not have the Applicant’s administrative separation package to determine whether or not the Applicant waived  rights to consult with qualified counsel, submit a written statement, or request a review by the general court-martial convening authority.

:  (Nondecisional)  The Applicant noted on his DD Form 293 that when he finishes his four year degree, he would like to reenter the Navy as an officer.  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 NDRB 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.

:  (Decisional) ()  . The Applicant is seeking a change in his separation code and narrative reason from “Personality Disorder” to “Condition, Not a Disability.”  The Applicant contends the following: 1) his wife had back surgery, 2) he needed to care for her since none of their family members were available, 3) his commanding officer wanted him separated from the ship so that he could be replaced, and 4) claiming a personality disorder was the quickest way he could achieve this.  The Applicant submitted transcripts from Barstow College and Colorado Technical University and indicated he had been working for Chevron Corporation since 2006.  The Applicant also asserted that if he had a personality disorder he would not be able to accomplish all of these things.  Additionally, he submitted two separate Board for Correction of Military Records Decisions for consideration by the NDRB.  However, the Applicant failed to describe the specific principles and facts contained in these decisions and the relevance of these decisions to his case.  The presumption of regularity of governmental affairs was applied by the NDRB in this case in the absence of a complete medical record and discharge package.  After reviewing the evidence of record and documentary evidence presented by the Applicant, the NDRB determined the Applicant was properly separated due to a personality disorder.  Therefore, a change in his narrative reason and separation code is neither warranted nor appropriate.  As noted in the medical evidence discussed supra, two years prior to being discharged the Applicant was hospitalized for four days due to suicidal ideations, had a past history of suicidal ideations and attempts and was experiencing difficulty adjusting to the Navy.  The Applicant was diagnosed with a “personality disorder” by competent medical authority and recommended for expeditious administrative separation from the Navy two years before the date of his actual discharge.  The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a Personality Disorder.  The Applicant has failed to provide any written documentation or justification for changing his narrative reason to condition not a disability.  Therefore, based on a review of available records and applying the presumption of regularity in the absence of up-to-date medical records, the NDRB determined "Personality Disorder" is an accurate narrative description of the reason for the Applicant's discharge. 

Summary:  After a thorough review of the available evidence, to include the Applicant’s summary of service,  record entries, evidence presented by the Applicant and discharge process, the Board found   Therefore, the awarded characterization of service shall   and the narrative reason for separation shall remain .

The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of  discharge.  The Applicant is directed to the Addendum, specifically the paragraph titled Additional Reviews.

ADDENDUM:  Information for the Applicant

Complaint Procedures:  If you believe 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:  After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s 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.  There are veterans organizations such as the American Legion and the Association of Service Disable Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade.  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 U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB.  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 NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the NDRB’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 BCNR can make changes to reenlistment codes.  Additionally, the NDRB 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 is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended 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 BCNR can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.  

Post-Service Conduct:  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  Outstanding post-service conduct, 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, is considered during Board reviews.  Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle.   The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate  in-service misconduct was an aberration and not indicative of the member’s overall character.

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 NDRB 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