ex- MMFA, 

Current Discharge and Applicant’s Request

Application Received: 20081001
Characterization of Service Received:   
Narrative Reason for Discharge:   MISCONDUCT
Authority for Discharge:   MILPERSMAN 1910-142 [COMMISSION OF A SERIOUS OFFENSE] 

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: USNR (DEP)	20031014 - 20040629  	Active:	

Period of Service Under Review:
Date of Enlistment:  20040630	Age at Enlistment:  
Period of Enlistment:   Years   Extension
Date of Discharge:  20051103	Highest Rank/Rate:  MMFN
Length of Service:   Year    Months   03 Days
Education Level:  	AFQT:  95
Evaluation Marks:  Performance:  NFIR               Behavior:  NFIR           OTA:  NFIR
Fitness Reports: 

Awards and Decorations (per DD 214):	NDSM GWOTSM

Periods of UA:  20050815 - 20051005, 51 days
Periods of CONF:  NONE
Other Time Lost per DD214:  NONE

SCM: NONE SPCM: NONE   CIVIL ARREST: NONE CC: NONE  RETENTION WARNING: NONE

NJP:  
- 20051006:  Article 85 (Desertion), 0700, 20050815 until 2230, 20051005 (51 DAYS)
                     Awarded:      Suspended:  

NDRB Documentary Review Conducted (date):	20090122
NDRB Documentary Review Docket Number:	ND09-00018
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 11 June 2008, Article 1910-142, SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

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 he deserted because of personal safety and career threatened.
2.	As a matter of equity, the Applicant contends that his Mental Health is a significant factor for mitigation regarding his misconduct.

Discussion

Date:  20230228		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 85 (Desertion) 

:  The Applicant contends he deserted because of personal safety and career threatened; and further contends that as a matter of equity, the Applicant contends that his Mental Health is a significant factor for mitigation regarding his misconduct.

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 may excuse or mitigate 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: 
PRIOR TO ENLISTMENT and during USN enlistment—ADHD, Adolescent Adjustment Disorder (With Recurrent Depressive episodes, Irritability, and Authority Conflict resulting in dropping out of High School (GED obtained later)); Alleged victim of hazing during USN enlistment prompting 54 day Unauthorized Absence/Desertion, terminated by voluntary surrender)
POST DISCHARGE CIVILIAN STATUS—Major Depressive Disorder and ADHD responsive to psychotherapy. 	
2.	A.	Were these conditions present at time of misconduct?	Yes	
	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?	Unknown—Unable to locate discharge physical exam, etc.	
4.	Medical Board Member comments:	BASIC ISSUE:

Item #22 DD 293:  “…As noted in my file, at the time of discharge I had sought help with issues, and was road blocked then reprimanded.  I still struggle to this day with severe depression, and know my drive to go AWOL was a direct tie to having no safe place, and fearing I would take action [suicide] if I stayed.”  

Data includes:
*NEW EVIDENCE SUBMITTED TO RECORDER YESTERDAY (27 Feb 2023) including the following personal statement:  “I originally had submitted for a review in 2009, which was my initial attempt at reconciling everything that had happened.  There were several items that I had been unable to bring myself to talk about until just recently… ultimately in 2017 I was diagnosed with Depression, and confirmed again in 2020 with the addition of ADHD and Anxiety… The events that compounded to lead me to the mental state I was in started during schooling in Groton, CT.  To celebrate the graduation from BESS, my parents came up to visit, and we spent the weekend together.  However, the first night they were up there my vehicle which had been parked outside of the gate due to not having registration completed yet was ignited and burnt to the ground.  I was awoken very early the next morning, and put through questioning by the local PD, military police and Homeland Security.  

PRIOR TO ENLISTMENT:

11 Oct 1985:  DOB

*(per psychiatrist Dr. W_____):  FAMILY PSYCHIATRIC HISTORY: His biologic mother and two half brothers have depression and anxiety. His mother has responded well to Lexapro [Escitalopram, Betesda, et.al.] and did not do particularly well on Paxil. One of his brother has attempted suicide. No family history of completed suicide. There may be alcoholism on his biologic father's side of the family. No family history of bipolar disorder or schizophrenia.

•	“SOCIAL HISTORY: He was born in Utah and moved to Davenport in fourth grade. He was adopted five days after birth.  His biologic father [actually, apparently, his grandfather per Applicant’s testimony] was part of the Irish Mafia.  His adopted parents live in Davenport.  His father worked in sales and his mother worked as a counselor. He has one adopted brother.  He left [in his] junior [year of] high school and later obtained his GED.  He has associate degree in web design.  He currently lives in Davenport with his six-year-old son who he has full-time…[& 9yo daughter on weekends].”

•	Age 15: The patient reported the onset of “multiple bouts of sustained low mood lasting for moths at a time, often associated with insomnia, low appetite, low energy, anhedonia and suicidal thoughts.
*per psychiatrist Dr. W.:  “PAST PSYCHIATRIC HISTORY: He saw a psychiatrist one time in high school and states this did not going [sic] well, so he never returned.  He had followed with a therapist ___...He has never been on any psychiatric medications.  No history of psychiatric hospitalizations.”   

10 Jun 2004—ENLISTMENT @ age 18 yo
AFQT: 95

15 Aug 2005—UA (Desertion): Terminated by his surrendering to Navy Recruiting Station, Moline, IL after 54 day UA, presumably later stating “he would rather face jail, restriction, and a bad-conduct discharge than remain on active duty [due to fear of retribution].”.
 
03 Nov 2005—DISCHARGE at the rank of MMFA/E-2 after a 1 year 4 month 3 day enlistment:  OTH; HKQ (MISCONDUCT (SERIOUS OFFENSE); RE-4.

  

POST SEPARATION:

22 Jan 2009: NDRB initial Documentary Review which determined no change warranted.

*21 Sep 2017—Psychiatrist Dr. W. note:  “31-year-old…He has associate degree in web design from Kaplan.  He currently lives in Davenport with his six-year-old son who he has full-time custody. He also has a nine-year-old daughter that he has on the weekends.  He has been married twice. His daughter is from his first marriage and son is from his second marriage.  Both marriages lasted about four years.  His most recent divorce was finalized one month ago, but has been separated for over three years. He is currently single. He works in Cedar Rapids at Eagle Tech as a web developer.  He has been there for last year and enjoys his job. He enjoys spending time with family.  He was in the navy and was given a general separation from the military. He does not use tobacco or any illicit drugs. He does not use caffeine. He drinks one beer about two to three times a month. He denies any history of abusing alcohol…”
DIAGNOSIS:
Major depressive disorder, recurrent, mild-moderate
 
*03 Sep 2020—PSYCHOLOGICAL EVALUATION:  
“[Applicant] stated that his concerns regarding ADHD are predominantly due to his challenges with inattention. He reported that he has difficulty concentrating and is easily distracted, by "anything and everything." He explained how he is "all over the place," especially since working from home due to the COVID-19 pandemic. He noted that he is easily sidetracked, and how he is often in the middle of a project, and finds himself moving on to a different task before he has finished the initial project. [Applicant] described his organization as an ‘organized mess,’ noting that his wife is often unable to find things. Additionally, [Applicant] reported that he struggles with insomnia, as his mind doesn't ‘shut off’ and is always thinking about things.”

[Applicant] obtained his associate's degree in Information Technology from Kaplan. He is currently a Senior Software Engineer for Sovos and has held the position for approximately four years.
[Applicant] married X in 2019. [Applicant] has two children and three step-children: …(17), … 
(15), X (12), X (12), and X (9). He has lived in the Cedar Rapids, Iowa area for the last two years. [Applicant] stated that in his free time he enjoys hiking, camping, and being outdoors…

GAD-7 and PHQ-9: To clarify whether any mood disorders were present, [Applicant] was asked to complete the GAD-7 and PHQ-9. On the GAD-7, a screening test for generalized anxiety, he obtained a scored of eight. A score of eight indicates mild anxiety. On the PHQ-9, a screening test for depression, [Applicant] also obtained a score of eight. A score of eight indicates mild depression.
Diagnosis: F90.2 Attention-Deficit/Hyperactivity Disorder (ADHD), combined type…”

*13 Jul 2022—Terse Note from a “Student Therapist [under supervision of a PhD LMFT] ” at “The Olson Marriage & Family Therapy Clinic” indicating, “I am currently working [16 individual sessions] with [Applicant] on problems he is experiencing caused by anxiety and PTSD [note:  this is the 1st and only appearance of this diagnosis, the basis of which is not elaborated upon; nor was it raised by the Applicant].”

COMMENT:  The evidence suggests the Applicant’s adolescence was characterized by adjustment difficulties (including authority conflict, recurrent depression, irritability and anxiety complicated by ADHD leading to a negative reaction to the structure requirements of High School, thereby resulting in his dropping out during his Junior Year after which he obtained a GED certificate. Inspired by his (step) father, he enlisted in the Navy at age 18.  His adjustment was early complicated by a reported bizarre chain of events springing from the consequences of the alleged burning of his car parked outside his Groton, CT duty station gate (due to absence of a parking pass) on the date he reported for duty.  These events put him significantly behind his peers and, apparently, vulnerable to alleged severe hazing (short of MST) of which he gives a compelling account.  Further complications ensued, due to an alleged breach of confidence by a chaplain he had relied upon for support leaving him fearful of severe reprisals and resulting in two instances of undocumented suicide attempts and a 54 day UA (from which he voluntarily returned), which, in turn, resulted in his UOTH discharge.  Despite a persistent symptom burden, the Applicant’s post discharge adjustment has included a remarkable record of academic, professional and personal achievement along with his eventual successful use of supportive mental health resources.  The absence of corroborating mitigating medical-mental health related or testimonial/witness evidence contemporary with the Applicant’s active service is noted.  However, a mitigating, though not exculpating nexus is felt warranted between the Applicant’s misconduct and the mental health conditions noted above.

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 this case, the Applicant’s service was 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.  In making its determination, the Board considered the Applicant’s contention his discharge should be upgraded because his personal safety and career were being threatened by the Chief of the Boat and he was left with no option but to desert, and contends that his misconduct was due to Mental Health suffered while on active duty and warrants a discharge upgrade.   

A review of the records shows the Applicant served on active duty for 16 months and was subject to one Non-Judicial Punishments for 51 days of Unauthorized Absence.  A review of the Applicant’s service medical records reveals (including authority conflict, recurrent depression, irritability and anxiety complicated by ADHD.  However, the Applicant contends his mental health diagnosis was a mitigating factor in his misconduct.  The NDRB requested the Applicant’s medical treatment records for both in-service and post-service medical treatment from the VA and conducted a thorough review.  The NDRB did find mental health diagnoses of Major Depressive Disorder and ADHD in the Applicant’s service record to support his claim.  The Applicant’s official military service record diagnosis of a mental health diagnoses, coupled with additional post-service documentation provided by the Applicant, support the Applicant’s contention that his mental health diagnoses was a mitigating factor associated with the in-service misconduct.  Thus, weighing (using the scales of liberal consideration) the Applicant’s overall performance and conduct against the standards for characterization of service, the Board held that the Applicant’s mental health issues partially exonerated the willfulness/failure to comply with military discipline and thus a change in the characterization of service to General was appropriate.  

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 with a corresponding separation code of HKQ, and the reentry code shall  RE-4.  

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.