ex-HN, USN

Current Discharge and Applicant’s Request

Application Received: 20101013
Characterization of Service Received:  
Narrative Reason for Discharge:   
Authority for Discharge:  MILPERSMAN 

Applicant’s Request:	Characterization change to:	
	Narrative Reason change to:	SECRETARIAL AUTHORITY (SPN CODE JFF)

Summary of Service

Prior Service:
Inactive:	Specific dates (Army DEP) Not Found In Record		Active:	  19980605 - 20010704 HON 

Period of Service Under Review:
Date of Current Enlistment:  20010723	Age at Enlistment:  
Period of Enlistment:   Years   Extension
Date of Discharge:  20020221	Highest Rank/Rate:  HN
Length of Service:   Year(s)     Month(s)   29 Day(s)
Education Level:  	AFQT:  52
Evaluation Marks:	Performance:  NFIR	Behavior:  NFIR	OTA:  NFIR

Awards and Decorations (per DD 214):	NONE

Periods of UA/CONF:  

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

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

	  “01 JUL 23”
  “00 06 29”
Block 12d, Total Prior Active Service, should read: “03  01  00”
Block 12e, Total Prior Inactive Service, should read: “01  04  13”
Block 13, Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, should read: “ARMY ACHIEVEMENT MEDAL, ARMY GOOD CONDUCT MEDAL, ARMY SERVICE RIBBON, OVERSEAS SERVICE RIBBON, SHARPSHOOTER MARKSMANSHIP QUALIFICATION BADGE WITH RIFLE BAR, PARACHUTIST BADGE, NATIONAL DEFENSE SERVICE MEDAL”     

The NDRB will recommend to the Commander, Navy Personnel Command, that the DD 214 be corrected as appropriate.

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:		Rehabilitation/Treatment:		Criminal Records:	
	Personal Documentation:		Community Service:		References:	
	Department of VA letter:		Other Documentation:	
		Additional Statements:
	From Applicant:		From/To Representation:		From/To Congress member:	

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

Applicant’s Issues

1.	Nondecisional issues: The Applicant seeks a change to his narrative reason for discharge in order to facilitate reenlistment in the Armed Services.
  
2.	Decisional issues: The Applicant contends that he was diagnosed incorrectly while in service and, as such, was improperly and prematurely discharged from the service.

Decision

Date:  20120112	           	Location:  Washington D.C.	Representation:  

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

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 NDRB 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 identified one issue for consideration by the NDRB; additionally, the NDRB completed a thorough review of the circumstances that led to the discharge, and the discharge process, to ensure the discharge met the pertinent standards of both equity and propriety.

The Applicant’s record of service documents three years of honorable service in the United States Army with the awarding of an Army Good Conduct Medal and Army Achievement Medal.  The Applicant enlisted in the United States Navy 20 days after discharge from the Army under a 4-year contract with a 12-month extension for training as a Corpsman; the Applicant was accessed into the Naval Service as an E-3 upon enlistment.  The Applicant’s record of service documents no nonjudicial or judicial punishments and no retention-counseling warnings during his period of service.  The NDRB presumed regularity in governmental affairs in the absence of any documentation in the service record or medical records documenting the diagnosis of personality disorder, any determination of an expeditious nature warranting waiver of the requirement for retention warning, or any counseling regarding the separation.  The Applicant submitted a detailed package to rebut the findings and basis for his discharge, documenting three separate psychological evaluations and a detailed review of his service and medical records by a Forensic Psychiatrist.

Non-decisional Issues:  The Applicant seeks a change to his narrative reason for discharge in order to facilitate reenlistment in the Armed Services.  The NDRB has no authority to upgrade a discharge for the sole purpose of facilitating reenlistment opportunities.  Regulations specifically limit the NDRB’s review to a determination of the propriety and equity of a discharge.  There is no law, or regulation, that provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service or to facilitate access to veterans benefits or better employment.  The Applicant is directed to the Addendum, specifically, the paragraph concerning Reenlistment, Employment, and Educational Opportunities.

Decisional Issue: ()  RELIEF WARRANTED.  The Applicant contends that he was diagnosed incorrectly while in service and, as such, was improperly and prematurely discharged from the service.  

(Propriety) Pursuant to Article 1910-122 of the Naval Military Personnel Manual (MILPERSMAN), members may be processed for separation based on a Mental Health Care Professional’s clinical diagnosis of a personality disorder, when that disorder is so severe that one’s ability to function effectively and perform their duties is significantly impaired, and the individual poses a threat to the safety or well being of themselves, or others.  A personality disorder is defined further as describing an enduring pattern of character.  The Applicant’s medical record documents - in detail - three years of service and medical treatment while in the Army, as well as his period of service while in the Navy; nowhere in the record is there any documentation of any mental or emotional health concerns, nor is there mention of any pre-service history of treatment for any underlying disease or defect.  However, the Applicant’s record does document that his command did refer him to the Naval hospital for an evaluation and counseling after the Applicant’s wife left him - without any notification.  The Applicant provides post-service clinical evaluations and a psychological forensic review of his entire service that documents no long-standing or enduring pattern of character.  These evaluations document an adjustment disorder (with mixed emotional features) resulting from a strong, but temporary, reaction to a significant life stressor just prior to discharge.  This diagnosis was further backed by three years of honorable service as an Infantry Parachutist in the United States Army - without any mental health or adjustment issues - thereby diminishing the argument for any enduring pattern of character as required for a Personality Disorder diagnosis.  The NDRB reviewed all of the available records, supporting documents, facts, elements of the discharge, evidence submitted by the Applicant, and the circumstances unique to this case.  By a vote of 5-0, the NDRB determined an impropriety in the discharge action and determined that relief, as documented, was warranted.  The NDRB determined that the narrative reason for discharge shall change to SECRETARIAL AUTHORITY.
  
(Equity)  Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval Service.  An Honorable characterization of service is warranted when the quality of a member’s service meets the standard of acceptable conduct and performance for Naval personnel, or is otherwise so meritorious that any other characterization of service would be clearly inappropriate.  A General (Under Honorable Conditions) characterization of service is appropriate if the member’s service has been honest and faithful, but significant negative aspects of the member’s conduct or performance of duty outweighed the positive aspects of his record.  A particular circumstance of interest in the Applicant’s characterization of service was the lack of any negative information in the six and a half months of service, which would otherwise prevent characterization of his service as Honorable.  As discharged, the MILPERSMAN dictates that characterization is Honorable, unless an Entry Level Separation or General (Under Honorable Conditions) is warranted per MILPERSMAN 1910-300 to 1910-308.  A review of the Applicant’s official service record reveals no misconduct of record and no retention counseling warnings that would demonstrate a “significant negative aspect” of the member’s service.  As such, the NDRB determined that the characterization of service at discharge, as issued, was not indicative of the Applicant’s overall service.  The NDRB concluded that there was an inequity in the Applicant’s discharge action, is convinced that this was prejudicial to the Applicant, and therefore an inequity in the characterization did occur.  A preponderance of the evidence reviewed supports the conclusion that the Applicant’s service was honest and faithful; as such, the NDRB determined an upgrade to an Honorable characterization of service appropriate.

Summary:  After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and service record entries, additional supporting documentation submitted by the Applicant, and the discharge process, the Board found   Therefore, the awarded characterization of service shall  HONORABLE and the narrative reason for separation shall change to SECRETARIAL AUTHORITY.

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.

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 Disabled American 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 their 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