ex- AOAR, 

Current Discharge and Applicant’s Request

Application Received: 20200115
Characterization of Service Received:   
Narrative Reason for Discharge:   PATTERN OF MISCONDUCT
Authority for Discharge:   MILPERSMAN 1910-140 [PATTERN OF MISCONDUCT] 

Applicant’s Request:	Characterization change to:	
Narrative Reason change to: NONE REQUESTED
Reentry Code change to: NONE REQUESTED

Summary of Service

Prior Creditable Service:
Inactive:	 	            	Active:	 

Period of Service Under Review:
Date of Enlistment:  20040408	Age at Enlistment:  
Period of Enlistment:   Years   Extension
Date of Discharge:  20080509	Highest Rank/Rate:  AOAN
Length of Service:  04  Year(s)  01  Month(s)  02  Day(s)
Education Level:  12	AFQT:  46
Deployment/Operation: 

Evaluation Marks (# of occasions):  Performance/Proficiency: 3.3 (3)   Behavior/Conduct: 2.0 (3)   OTA: 2.7 
Fitness Reports: 

Awards and Decorations (per DD 214):	NDSM GWOTSM SSDR MUC GWOTEM 

Periods of UA:  NONE
Periods of CONF:  NONE
Other Time Lost per DD214:  NONE

SPCM:    CC:   

NJP:  1

- 20050307:	Article 92 (Failure to obey order, regulation) 
	Awarded:    Suspended:  NONE

SCM:  2

- 20070607:	Article 107 (False official statements) 
	Article 108 (Military property; loss, damage, destruction, disposition)
	Sentence: RIR CONF
	CA: 

- 20080409:	Article 92 (Failure to obey order, regulation) 
	Sentence: RIR CONF FOP
	CA: 

CC:  1

- 20050216:	Offense: Illegal possession of alcohol, Open container, Illegal U-turn
	Sentence: $500 fine plus $91, $35 fine plus $10, $35 fine plus $10

Retention Warning Counseling:  2

- 20050307:	For failure to obey a lawful order, drinking alcohol underage.

- 20070702:	For false official statement and damaging government property.

NDRB Documentary Review Conducted (date):	20130913
NDRB Documentary Review Docket Number:	ND13-00467
NDRB Documentary Review Findings:		Proper as issued and that no change is warranted.

Types of Documents Submitted/reviewed

	DD 214:		Service/Medical Record:		Other Records:	
	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:	
 
Types of Witnesses Who Testified

	Expert:  			Character:    

	Witness E-1:			Witness C-1:	
	Witness E-2:			Witness C-2:

Pertinent Regulation/Law

A.  Naval Military Personnel Manual, (NAVPERS 15560D), Change 11, effective 26 April 2005 until 19 May 2008, Article 1910-140, SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.

B.  Secretary of the Navy Manual 5420.1 of 29 September 2020 (Standards for the execution of the Naval Discharge Review Board).

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

Applicant’s Issues

1.	The Applicant contends his in-service conduct warrants an upgrade to Honorable.  
2.	The Applicant contends his mental health condition was a mitigating factor in his misconduct.

Discussion

Date:  20230207		Location:  WASHINGTON D.C.	Representation:  

The Naval Discharge Review Board (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 Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the pertinent standards of equity and propriety were met.

As a result of the Applicant’s claim of a mental health condition, including PTSD, TBI, or Military Sexual Trauma, and in accordance with 10 U.S.C. § 1553, the NDRB included a member who is a physician, clinical psychologist, or psychiatrist.  
Additionally, and pursuant to § 1553, the NDRB reviewed the case with liberal consideration that a mental health condition, including PTSD, TBI, or Military Sexual Trauma potentially contributed to the circumstances resulting in the discharge of a lesser characterization. A review of the record revealed that the Applicant did not deploy in support of a contingency operation, and so this case did not warrant an expedited review in accordance with § 1553.

The Applicant's record of service included:

  for  of the Uniform Code of Military Justice (UCMJ): 
Article 92 (Failure to obey order, regulation) 

  for  of the UCMJ:  
Article 107 (False official statements) 
Article 92 (Failure to obey order, regulation)
Article 109 (Property other than military property of U.S.: waste, spoilage, or destruction)

:  The Applicant contends that his mental health condition mitigated his minor misconduct during his otherwise honorable career.

The NDRB reviews the propriety and equity of an Applicant’s discharge individually, on a case-by-case basis.  If such a review reveals an impropriety or inequity, relief is in order.  Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval Service.  

Because the Applicant claimed mental health was a factor in their discharge, the Board reviewed the Applicant’s case in accordance with 10 U.S.C. § 1553, and pursuant to the Kurta Memo and other applicable regulations and guidance, including the Wilkie Memo.  Under the Kurta Memo, “[m]ental health conditions, including PTSD; sexual assault; and sexual harassment inherently affect one’s behaviors and choices causing veterans to think and behave differently than might otherwise be expected.”  Although, “[l]iberal consideration does not mandate an upgrade, [r]elief may be appropriate … for minor misconduct commonly associated with mental health conditions … and some significant misconduct sufficiently justified or outweighed by the facts and circumstances.”  Additionally, “substance seeking behavior and efforts to self-medicate symptoms of a mental health condition may warrant consideration.”  However, “[p]remeditated misconduct is not generally excused by mental health conditions, including PTSD; TBI; or by a sexual assault or sexual harassment experience.”  Therefore, “Review Boards will exercise caution in assessing the causal relationship between asserted conditions or experiences and premeditated misconduct.” See USD (P&R) Memo, “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment” 25 August 2017 (“Kurta Memo”).

The review of discharges pursuant to the Kurta Memo and its other applicable regulations/guidance generally involves four questions: a) Did the veteran have a condition or experience that may excuse or mitigate the discharge; b) Did that condition exist/experience occur during military service; c) Does that condition or experience actually excuse or mitigate the discharge; and d) Does that condition or experience outweigh the discharge?  

In this case, the Board found that: a) the Applicant did have a condition/experience that mitigated the discharge; b) the condition existed during military service; c) the condition/experience mitigated the underlying basis/misconduct for the discharge; and d) the condition/experience outweighed the Applicant’s assigned Discharge Characterization.  

MEDICAL BOARD MEMBER OPINION 

1.	Does the available record reasonably support a DSM mental/behavioral health condition, PTSD, TBI, or Sexual Trauma/Abuse/IPV existed at the time of the Applicant’s military service?	Yes, likely an ADJUSTMENT DISORDER WITH DEPRESSED MOOD during enlistment; BIPOLAR I DISORDER (VA 2019); 9411-POST-TRAUMATIC STRESS DISORDER (0% SC - JAN 13, 2021); ADHD (EPTS)	
2.	A.	Were these conditions present at time of misconduct?	Yes, at least in the form of an Adjustment Disorder	
	B.	Were these conditions mitigating for the misconduct?	Yes, mitigating but not exculpating	
3.	Were all required mental health and/or medical evaluations conducted in accordance with regulations, prior to the administrative separation of the applicant?	Not documented	
4.	Medical Board Member comments:	(BOLDING ADDED for emphasis)

PRIOR TO ENLISTMENT:

AGE 13: DXd with ADHD…
     Also: “Patient first started drinking at age 13 and had problems with alcohol use since age 18.”

08 Apr 2004—ENLISTMENT: @age 18.
For 4 year contract; AFQT:  46

14 Nov 2004—Civilian Arrest/VA BEACH:  For Illegal Possession of Alcohol, Open container; Illegal U-Turn

29 Sep 2005 – 17 Feb 2006—DEPLOYMENT ABOARD USS THEODORE ROOSEVELT (CVN 71):  

03 Feb 2006—POST DEPLOYMENT HEALTH ASSESSMENT: 
 NO ACTIONABLE ITEMS; but no response was ‘checked’ for item #7 (Did you see anyone wounded, killed or dead during this deployment?) 

07 Mar 2005—CO, USS THEODORE ROOSEVELT (CVN 71) determination: Retained on ACDU despite FTOLO in re not refraining from ETOH under age 21.  Assistance available from COC & Chaplain.

10 Jan 2007:  Lost ID Card at Grandmothers Funeral in Harmon, IL.

09 Apr 2008—Date of “TRIAL BY SUMMARY COURT-MARTIAL” aboard CVN 71 (USS Theodore Roosevelt).

09 May 2008—SEPARATION:  UOTH—PATTERN OF MISCONDUCT; HKA; RE-4; Highest Rank:  AOAN
Performance/Proficiency: 3.3 (3)   Behavior/Conduct: 2.0 (3)   OTA: 2.7
 
POST SEPARATION:

2014: Last Rx for ADHD.

19 Sep 2014—1st VA Social Work ENTRY:
“DIAGNOSIS-296.51 BIPOLAR I DISORDER, MOST RECENT EPISODE (OR CURRENT) DEPRESSED, MILD
Under Humanitarian Aid…is not eligible for DOM care.”  

16 Oct 2016—Date since which SNM reports having been “clean from hard drugs…”

14 Nov 2019—1 mo f/u visit.  Reports “doing well.”  

15 Jan 2020—DD FORM 233:  C/O SELF MEDICATION S/P GM’s demise + AO1 Division LPO harassment of crew…history of ADHD DX’d AGE 13, anxiety and depression…on Cymbalta
[Duloxetine)] 60mg QD…would like Rxs from 1 yr ago…due to lot of anxiety and panic attacks…NOW DISPONDENT…Thinks he is struggling with PTSD as he is a veteran and was an EMT and had a lot of trauma he deals with.  He witnessed a lot of suicides …”

23 Apr 2021—VA RN Note:  RX Duloxetine outside VA.  “Is being prescribed duloxetine and vyvanse by primary care provider outside VA. Currently on probation for shoplifting cold medications and art supplies. Reports having long history of shoplifting after discharge from military along with drug use. Was abusing cold medications, and IV methamphetamine. Veteran denies any recent drug use.   [DECLARED SELF SC FOR PTSD]… cutting self. cut wrist in suicide attempt last year didn't seek help.”

10-17 Jan 2023—Milwaukee WI VAH Admission:
HISTORY OF PRESENT ILLNESS:
“Patient is a 37 year-old male with a history of ADHD, AUD, SUD, and PTSD who presents from Genesis ED for attempted suicide by intentional drug overdose. Patient has a number of life stressors going on that he feels pushed him over the edge and led him to a "rock bottom" place where he felt hopeless. Patient took about 80 tablets of Corcidin cough and cold medicine containing dextromethorphan and chlorpheniramine. He states he blacked out after this attempt and does not remember anything until he woke in the ER. Patient had an elevated CK and lipase that have been trending down. EKG showed sinus tachycardia and chest X-ray was negative. Patient was watched and medically cleared in the ER and was admitted overnight for suicidal ideation. Currently, patient has been staying at the Rock Island County Council on
Addictions for the past month where he had his current overdose attempt. Patient was previously on good terms with his family and active in church. He started having problems with family relations when his substance use became problematic.

Patient has also been dealing with symptoms of PTSD that was diagnosed 4 years ago. He has had traumatic experiences from his time in the military. He also had a traumatic experience in 2019 after being sent back from a treatment facility in California for probation due to shoplifting. He recounts having his nose broken and being peed on during this trip to
Wisconsin. Patient currently has nightmares and feels like he "shuts down" when there is a trigger. He avoids loud noises, crowded or chaotic enviorments [sic], and people who are combative/speak aggressively. He sometimes uses noise cancelling headphones. He does not like having things behind his back and describes feeling ‘jumpy’. He has daily flashbacks. He has tried prasozin [sic] for nightmares and states they help him not remember the nightmares. Patient has gone through treatment for AUD and has been sober for the last 2-3 months. Patient first started drinking at age 13 and had problems with alcohol use since age 18. He would binge drink on beer or rum daily or several times in a week. He would drink a full tall bottle or 28-pack. He has had withdrawal symptoms including night sweats, shaking, palpitations, restlessness, and anxiety. He denies any nausea, vomiting, hallucinations, or seizures from alcohol withdrawal. He went to a treatment center in 2016 and was sober until 2020, when he started drinking on and off. He states he was going through a break-up at this time. Patient has a history of substance use, including heroin and methamphetamine. He has not used these substances since 2016 after going to substance abuse treatment. He also has abused cold medicine intermittently for about 10 years
as well and lately has been taking a full box at a time to get high. He noticed becoming tolerant on this medicine and states he goes through withdrawal with sweating.
PAST PSYCHIATRIC HISTORY:
Diagnosis: PTSD, MDD, AUD, ADHD, SUD, panic disorder
Hospitalizations: 2022 x2 for SI and suicide attempt, 2015 for SI, and many more hospitalizations before 2015.
SA: OD in Nov 2022, Slit wrist many years ago and "cauterized it myself" and did not go to the hospital.
Substance use: No hx of substance use, including alcohol, meth, heroin, nicotine, and cold medicine. Quit all substances in 2016. Then in 2020 began drinking and…cold medicine again. No recent meth or heroin use…Currently, AUD [Alcohol Use Disorder] is in early remission as he has been sober since October 2022. Patient denies cravings and does not feel medications assisted treatment would be helpful.

APPLICANT’s UNDATED STATEMENT:  Included, “I truly wish that I had the power to turn back time to make the correct choices in those moments, however as we all know that isn't possible. I take full responsibility for the choices that led up to my discharge. I had consensual sex aboard the ship with a female sailor. I regret that I had that encounter but it was by no means while on working hours. I ended up being charged with dereliction of duty and then pattern of misconduct and was given 30 days in the brig and 3/4 of one months pay and reduced to an E-1. I was locked up and and then flown off the ship mid underway. I asked for help so many times during my enlistment. I went through some awful experiences during my enlistment. I will describe just a few
of the situations that broke me, my first heartbreak came while in basic training. I came into the Navy as a hard charger, I went through the changing from civilian to sailor in the most "Hooyah" way possible as a member of Division 199 We were one of the last divisions in the old school "Ships" before they became climate
controlled We had bare bones racks for beds with minimal space for our gear and uniforms, with no coffin locker and just one stand up locker. While most of the other Divisions around us were sitting in climate controlled glory. We gave it everything we had, and as a flag bearer I had extra responsibility and duties in my division and was very thankful to carry those flags and banners. We went on to become Hall of fame Division 199 and carried every honor that we possibly could… In the final weeks of basic training, after having finished battle stations, and awaiting graduation. I received a letter from my Mother whom I love with all my heart, and soul. I opened the letter to read about what would be my worst case scenario. I read the words that my Grandmother whom i loved dearly had collapsed right after seeing me off at the recruiters office and that in reviving
her they found she had stage 4 cancer and that she wouldn't be the same person I saw before I left and that she would be in a wheelchair at my graduation. It broke my heart that I couldn't be there to help her both physically and emotionally. I was just about to graduate and it killed me to "leave her hanging… I started working as a Nursing Assistant, but was unable to become certified until the age of 16, during the summer of my  5th-16th year I took the CNA (Certified Nursing Assistant) course through the facility and on my 16th birthday took the certification test...I was trained in First aid and assisted as need be in multiple casualties…either witness to or responded to
…Suicide death of a Fellow security team member…gunshot to the head…severe injury of another young sailor that had been jacking up some equipment  in the arresting gear machinery area…bricks that he was using shifted…shot out…striking the sailor on the right side of his face and head, the area collapsing and causing skull fragments and brain matter to escape…was punished severely for things that other people were getting a slap on the wrist for….difficulty sleeping…The times that I voiced my thoughts that I had a problem with sex addiction I was laughed at…sexual relations happened during non working hours…went on to leave the Norfolk area and went back to Illinois to work in my families [sic] Painting business.  My depression , anxiety and negative feelings became worse… eventually I began having blackouts from drinking and started dabbling in party drugs such as Marijuana and Cocaine…fired from my family business, lost my spouse, son, house, car…homeless and drug addicted…drugs by IV AND WAS HOMELESS FOR ABOUT 5 YEARS…NOW BEEN CLEAN FROM HARD DRUGS SINCE 10-16-2016…"

COMMENT:  The Applicant is a ~37 year old ex-AOAR/USN appealing his 2008 UOTH discharge as noted above and expressing remorse for his military misconduct, disappointment and hardship wreaked on his family, and with significant deterioration beginning soon post discharge with abiding depression (including an episode of self mutilation (cutting behavior)) and obsessive ruminations of regret attached thereto and also related to a continued sense of helplessness to help the severe casualties to which he responded (as a Certified Nurse Assistant) aboard the USS THEODORE ROOSEVELT (CVN-71) often revisited in nightmares and resulting in insomnia (VA later diagnosed as PTSD). In response to questioning why there is no record of his having confided these symptoms and asking for professional help, he indicated having done so on a few occasions near the end of his enlistment only to be greeted with skepticism, ridicule, and, the charge that he was only looking for “an excuse” —especially, when he would, additionally, share his feeling he had a “sex addiction.”  Incidentally noted, but likely telling, is the fact his lack of a response to the 3 Feb 2006 Post Deployment Health Assessment questionnaire Item #7/Did you see anyone wounded, killed or dead during this deployment?—especially, given the accurate response would, now, appear likely to have been “Yes.”  It is noted, he reports helpful successes in remaining active with substance abuse programs and actively seeking employment (scheduled for a job interview after this PAH).  In conclusion, while not the strongest case, application of Liberal Consideration could warrant an Upgrade of the Character of the Applicant’s discharge to General (Under Honorable Conditions). 	

In determining discharge characterization of service, the Applicant’s conduct forms the primary basis for consideration.  The Applicant’s in-service conduct included one nonjudicial punishment for minor infractions two Summary Court-Martial for violation of Articles 92, 107, and 108 of the UCMJ, and one civilian conviction; this was a failure to meet the requirements of his contract honorably.  However, the Applicant contends his mental health was a mitigating factor in his misconduct.  The Applicant’s official military service record diagnosis of a mental health condition, coupled with additional post-service documentation provided by the Applicant, support the Applicant’s contention that his mental health condition was a mitigating factor associated with the in-service misconduct.  The Applicant’s record shows multiple and varied acts of misconduct throughout his career.  The Applicant’s record show two courts-martials, a nonjudicial punishment, and a civilian arrest.  The Applicant’s record shows that his civil arrest was for underage possession of alcohol.  This arrest was due to a minor traffic violation.  The Applicant was not under the influence of alcohol at the time.  The NDRB determined that this was a minor infraction and that, while a violation of the law, this violation was not malicious in nature nor violent.

The Applicant’s first courts-martial was based on his false official statement.  This stemmed from the Applicant witnessing other Sailors using illegal drugs and not reporting the act.  The Applicant was so distraught with what he saw and how to handle the situation of seeing senior Sailors using drugs.  Additionally, the Applicant caused some minor damage to the ship’s rope lines, in what the NDRB determined to be unintentional, but nonetheless resulted in damage to a mooring rope.  The NDRB determined that, while the Applicant should have reported the other Sailors’ misconduct, the Applicant’s failure to report the incident was understandable.  Despite at first impression of what occurred, upon deeper review and reasoning of the misconduct, the   Board determined the punishment/deterrence was unduly harsh.  Further, the Applicant was not separated, but retained following this punishment.  The Applicant’s second court-martial was due to his violation of Article 92. This violation was based in the Applicant engaging in a sexual relationship in the barracks. 

When reviewing discharges, the Board considers the standards for determining characterization of service where an Honorable characterization of service is warranted when the quality of a member’s service generally meets the standard of acceptable conduct and performance for Naval personnel.  Further, an honorable discharge characterization does not require flawless military service; many veterans are separated with an honorable characterization despite some relatively minor or infrequent misconduct.  A General (Under Honorable Conditions) discharge is warranted when the quality of 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 the member’s service record.  An Under Other Than Honorable Conditions discharge is warranted when a member engages in conduct involving one or more acts or omissions that constitute a significant departure from the conduct expected of members of the Naval Service. 

In review of the Applicant’s misconduct, the Board identified the repetitive nature of his commissions, but did not find (applying liberal consideration to the underlying reasoning and criminality of the conduct) constituted a significant departure from the conduct expected of members of the Naval Service.  The Board also noted that the Applicant completed his four-year obligation to the Navy.  The Board also considered the Applicant’s documented mental health conditions as a mitigating factor.  The Board viewed the Applicant’s misconduct as disciplinary infractions that compromise the rank and structure of a military organization, but none that jeopardized the reputation of the Marine Corps, endangered the lives of others or compromised the integrity of the Applicant.  While the record of evidence does reflect disciplinary issues that required corrective action and punishment, the acts do not merit an enduring UOTHC.  In review of the issues raised by the Applicant and in context of his complete record of service, the Board determined an upgrade was warranted. 

Decision

After a thorough review of the available evidence, to include the Applicant’s issues, summary of service,  record entries, and discharge process, the Board found .  Therefore, the awarded characterization of service shall  GENERAL (UNDER HONORABLE CONDITIONS), the narrative reason for separation shall  MISCONDUCT - PATTERN OF MISCONDUCT with a corresponding separation code of HKA, and the reentry code shall  RE-4.  The Applicant is not eligible for further reviews by the NDRB.  The Applicant may petition the Board for Correction of Naval Records, 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 for further review using DD Form 149.  

ADDENDUM:  Information for the Applicant

Additional NDRB Reviews: After receiving a NDRB Document Review, an Applicant remains eligible for a Personal Appearance/Telephonic Hearing if the application is received by the NDRB within 15 years of the Applicant’s date of discharge.  The Applicant can provide documentation to support any claim(s) related to their discharge as well as evidence of post-service accomplishments.  Representation at a personal appearance hearing by an Attorney (or Advocate) 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.  However, if you have been discharged for more than 15 years, already had a personal appearance hearing, or otherwise exhausted your opportunity to be heard by the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490, or http://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx for further review.

Appeal Procedures on NDRB Decision: If you contest the NDRB’s decision in your case AND you already contested the NDRB’s previous decision at a Personal Appearance Hearing or otherwise exhausted your opportunity before the NDRB (or it has been more than 15 years since your discharge), the Applicant may petition the Board for Correction of Naval Records (BCNR), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490, or http://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx for further review.  The BCNR is the highest level of administrative review within the Department of the Navy/Marine Corps to correct errors or injustices to member’s records.

Complaint Procedures on Format: If you believe the decision in your case is ambiguous, 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 (JSRA), OUSD (P&R) PI-LP, The Pentagon, Washington, DC  20301-4000.  You should read Enclosure (5) of the DoD Instruction 1332.28 before submitting such a complaint.  This complaint procedure does not permit a challenge on the merits of the NDRB’s decision; the JSRA is designed solely to ensure that the NDRB decisional documents meet applicable requirements for clarity and responsiveness.  Therefore, if you are contesting the merits of the NDRB’s decision and already had a NDRB personal appearance hearing or otherwise exhausted your opportunities before the NDRB, the Applicant may appeal/petition the Board for Correction of Naval Records (BCNR), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490, or http://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx for further review.

Service [VA] Benefits: The U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB.  The NDRB has no authority to upgrade a discharge for the sole purpose of facilitating access to VA benefits.  Regulations limit the NDRB’s review solely to a determination of the propriety, equity, and clemency of a discharge.  Consequently, the Applicant should petition the VA, which determines eligibility for post-service benefits.  The VA conducts its own determination of eligibility based on service records and input from an Applicant upon their request.  (See www.va.gov/discharge-upgrade-instructions).  Therefore, if the NDRB grants a change to a discharge, the NDRB will notify the Commander, Navy Personnel Command or Commandant of the Marine Corps that the DD 214 be corrected as appropriate; however, it is the Applicant’s responsibility to ensure these changes are incorporated into the record by the respective Service Headquarters.  Further, it is the Applicant’s sole responsibility to submit these changes to the VA for a determination of eligibility for VA Benefits.  Finally, the Applicant should refer to the Veterans Administration website (https://www.va.gov/) for information regarding VA benefits and healthcare.  Additionally, Veterans in acute suicidal crisis can go to any VA or non-VA health care facility for emergency health care at no cost – including inpatient or crisis residential care for up to 30 days and outpatient care for up to 90 days.  Veterans do not need to be enrolled in the VA system to use this benefit.  In order to find the nearest VA office to receive assistance with determining VA eligibility/access, the Applicant should refer to https://www.va.gov/find-locations. 

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: 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-Traumatic Stress Disorder and/or Traumatic Brain Injury: For all claims involving PTSD and/or TBI, the NDRB’s review implemented the guidance set forth in the SECDEF Memorandum of 3 September 2014 (Supplemental guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder).  In accordance with U.S. Code, Title X, Section 1553 (d)(1) & (d)(2), the NDRB included a member who is a physician, clinical psychologist, or psychiatrist and accorded the case sufficient priority to achieve an expedited resolution and a final decision.  If the Applicant’s claim of PTSD/TBI was based in whole or in part on sexual trauma, intimate partner violence, or spousal abuse, the NDRB obtained a review by a psychiatrist, psychologist, or social worker with training on mental health issues associated with PTSD/TBI or other trauma.  

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 that 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.

Military Sexual Trauma: The Department of Veterans Affairs (VA) uses the term "military sexual trauma" (MST) to refer to experiences of sexual assault or repeated, threatening sexual harassment experienced while on federal active duty, active duty for training, or inactive duty training.  To get confidential one-on-one help please contact the MST Coordinator at your nearest VA Medical Center or Call Safe Helpline at 1-877-995-5247 or visit www.mentalhealth.va.gov/msthome.asp.

Reporting Military Sexual Trauma: To report a military sexual trauma, you can make an anonymous report to the Naval Criminal Investigative Service (NCIS) by Text or Online.  The NCIS Tip Line provides service members, veterans and civilians a safe, discreet and ANONYMOUS option to report criminal and force protection threats within the USN and USMC without concerns of retaliation.  To report a crime by Text: Text 274637 (CRIMES); Type “NCIS” at the top of the message; and include as much detail as possible to ensure your tip can effectively be investigated.  To send your ANONYMOUS Tip via the online, go to https://www.tipsubmit.com/webtipsNAV.aspx?AgencyID=840.

Suicide Prevention: Veterans in emotional crisis or their loved ones can call the free and confidential Veterans Crisis Line at 1-800-273-8255 (then press 1); or chat online at http://www.veteranscrisisline.net, or send a text message to 838255 to connect with a caring, qualified Veteran Affairs Responder who can deal with any immediate crisis.  Additionally, Veterans in acute suicidal crisis can go to any VA or non-VA health care facility for emergency health care at no cost; you can use this benefit regardless of your discharge status, or enrollment in VA health care.  In order to find the nearest VA office to receive assistance, see Find your nearest VA medical center.