ex- SR, 

Current Discharge and Applicant’s Request

Application Received:  20211110
Characterization of Service Received:   
Narrative Reason for Discharge:   ERRONEOUS ENTRY (OTHER)
Authority for Discharge:   MILPERSMAN 1910-130 [ERRONEOUS ENTRY] 

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:  20130515	Age at Enlistment:  
Period of Enlistment:   Years   Extension
Date of Discharge:  20130613	Highest Rank/Rate:  SR
Length of Service:  00  Year(s)  00  Month(s)  29  Day(s)
Education Level:  12	AFQT:  60
Deployment/Operation:  

Evaluation Marks (# of occasions):  Performance/Proficiency:  NFIR   Behavior/Conduct:  NFIR   OTA:  NFIR 
Fitness Reports:  

Awards and Decorations (per DD 214):  NONE 

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

SCM:    SPCM:    CIVIL ARREST:    CC:    NJP:  NONE  Retention Warning Counseling:  NONE

NDRB Documentary Review Conducted (date):  20190730
NDRB Documentary Review Docket Number:  ND19-00291
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 43 effective 10 May 13 until 10 November 2021, Article 1910-130, Separation by Reason of Defective Enlistments and Inductions - Erroneous Enlistment.

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 seeks an upgraded discharge characterization in order to receive identification cards for his family to access the base and receive a Disabled Veterans license plate.
2.	The Applicant contends his discharge is inequitable due to his mental health condition.

Discussion

Date:  20230509		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 seeks an upgraded discharge characterization in order to receive identification cards for his family to access the base and receive a Disabled Veterans license plate.

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 and the equity of a discharge.  As such, this issue does not serve as a basis upon which the NDRB can grant relief.  

:  The Applicant contends his discharge is inequitable due to his mental health condition.

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 did not mitigate the underlying basis/misconduct for the discharge; and d) the condition/experience did not outweigh 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 history of near drowning and witnessing the drowning of two women when in American Samoa at age 17 suggests exposure to conditions which might have resulted in PTSD and which, VA found to have been aggravated by reported reaction to initial vaccine administration.	
2.	A.	Were these conditions present at time of misconduct?	No Misconduct Occurred	
	B.	Were these conditions mitigating for the misconduct?	See above.	
3.	Were all required mental health and/or medical evaluations conducted in accordance with regulations, prior to the administrative separation of the applicant?	Probably technically, though records are terse.  Applicant apparently exposed to severe cutaneous reaction to entry-level immunizations.	
4.	Medical Board Member comments:	PRIOR TO ENLISTMENT:

“A maternal aunt and cousin have bipolar disorder and depression.  There is no family history of substance abuse.”  VA Notes

Age 17:  “The VA examiner noted that two stressors were identified in relation to your diagnosis of PTSD…pre-military stressor, which you witnessed the drowning of two girls at age 17.  However, the existence of a pre-service stressor does not rebut the presumption of soundness under 38 USC 1111, as your military entrance examination did not show a diagnosis of PTSD upon entrance of military service.  Then, the [VA] examiner noted an in-service stressor, which you were exposed to severe allergic reaction to immunization in basic training.  Your Service Treatment Records (STRs) show you developed rash and it was likely a reaction from the immunization you received within a week after arriving basic training.  Therefore, your STRs support that the in-service stressor actually occurred.  The examiner opined that you were probably traumatized after witnessing the drowning deaths of two (2) women when you were 17, but the symptoms were aggravated by the bad reaction you had to injections at boot camp in the Navy.  Since the existence of a pre-service stressor does not rebut the presumption of soundness under 38 U.S.C. 1111, your claim for PTSD was decided based on the in-service stressor.  Since the in-service stressor was verified and it was adequate to support the diagnosis of PTSD, service connection for …PTSD… has been established as directly related to military service.  “was 17 he witnessed the drowning of 2 young women in American Samoa. He found that experience very upsetting.  The veteran lived at home until he was 29, when he enlisted in the Navy.  While in basic training he was given multiple immunizations and what he believes was an injection of penicillin.  He was also required to swallow oral medication, but was unable to do so.  After the injections he developed a severe rash and ecchymosis.  It responded to several steroid injections.  He found this whole experience very distressing, and when offered the opportunity to be administratively separated from the Navy he accepted it.  As a consequence of this experience he reports he became depressed, anxious, angry and irritable. The symptoms are chronic.”

15 May 2013—ENLISTMENT: @ Age 30 YO

28 May 2013—Jason C. King, PSY.D Licensed Clinical Psychologist

AXIS I:  No Diagnosis Offered, V71.09
               Psychotic Disorder, Deferred

AXIS II:  Personality Disorder NOS, 301.9, Mixed, EPTS

NRAM-SAC:  192 (GFH) – PSYCH (Personality) [Apparently, refers to NDRB 
“Plan & Recommendation: 1. Entry level separation due to disqualifying psychiatric condition affecting recruit's …”]

13 Jun 2013—DISCHARGE:

POST SEPARATION:

30 May 2019—VA INITIAL C & P EXAMINATION:

DIAGNOSIS:  PTSD by DSM-5 Criteria.

FAMILY OF ORIGIN AND DEVELOPMENTAL:
The Veteran was born in Redmond…for "half my life."  He lived in northern California then for 7 years.  He was raised by his birth parents until the age of 29, when he enlisted in the Navy.  
Father, born in 1957, is in good health.  He is a minister.  He describes father's temperament/personality as "gentle."  Mother, born in 1958, is in good health.  She works as a camp host and security for a gated community.  He describes her as "talented, she is the energy of the family."  His parents are married.  Domestic violence denied.  Siblings:  He has 2 younger sisters who are alive and well.  Parents and sisters live in Washington.  His relationship with all family members is close.

EDUCATION:
Prior to entering the service the Veteran graduated high school and earned a diploma.  He describes his premilitary adjustment as good.  His performance in school was "B's."  He was never suspended or expelled.  He took mainstream classes. He was home-schooled from kindergarten…  He never failed or was held back. 

AMOXICILLIN AND PENICILLIN CAUSE A RASH.  Seasonal allergies denied.

He did not drink alcohol or use illicit drugs or inhalants.
PREMILITARY STRESSORS:
When he was 17 and traveling in American Samoa he was walking along the beach when an abnormal wave struck.  He and a buddy were pinned against the rocks, but 2 young women acquaintances who were with them drowned.
In general, he describes his childhood and adolescence as "pleasant."
MEDICATION TAKEN REGULARLY PRIOR TO THE MILITARY:
None.
PREMILITARY PSYCHIATRIC HISTORY:
Negative.

FAMILY HISTORY OF PSYCHIATRIC PROBLEMS:
A maternal aunt and cousin have bipolar…and depression.
FAMILY HISTORY OF SUBSTANCE ABUSE:
Denied…

POSTMILITARY HISTORY:
LOCATION:
After discharge he returned to California for a few months,
Montana for about 4 months, California briefly, Oklahoma and
then he moved to Alaska in February 2016.

EDUCATION:
Denied.

EMPLOYMENT HISTORY:
He worked in a hospital in Montana for 2 weeks, but quit because he was distressed by seeing "blood on the sheets." He has not worked since.

MARITAL HISTORY:
He married July 1, 2014.  His wife Shaina, age 33, is a pharmacy technician.  Her physical health is good. Mental health:  She was in counseling in foster care while growing up.  Substance use:  She does not drink alcohol.  She takes marijuana occasionally at night to help her sleep.  The marital relationship recently has become strained.  On February 17, 2019, because he was upset she locked him out of the house.  He broke the glass and she called the police.  He spent a night in jail and was ordered to have no contact, however he can talk to his wife and his children.  The order will be lifted June 6 if there are no further problems.  He hopes his marriage will last and that they can work things out. 

CHILDREN:
He has 2 children, a son age 4 and a daughter age 2.  They are in good health and he has a good relationship with them…

REVIEW OF VETERANS BENEFITS MANAGEMENT SYSTEM AND VETERANS HEALTH INFORMATION SYSTEMS AND TECHNOLOGY ARCHITECTURE AND COMPUTERIZED PATIENT RECORD SYSTEM:
Completed.  In a note dated May 28, 2013, from the psychology clinic at Great Lakes he was given the diagnosis of personality disorder, mixed.  The note was signed by Jason King, clinical psychologist.  In a note from the MediCenter Integrative Medicine Clinic dated May 28, 2019, his diagnoses were PTSD, anxiety, depression and autistic spectrum disorder/Asperger's, rule out bipolar illness.  The note was signed by R. Lynn Carlson, MD. Current disability rating:
None on file.

SUBJECTIVE COMPLAINTS AND MOOD SYMPTOMS:
The Veteran reports his mood symptoms began in the Navy shortly after he had the severe reaction to multiple injections.  He became depressed, anxious, angry and irritable. The symptoms are chronic.  The current intensity of the depression is moderate to severe, the anxiety is severe and the anger varies from mild to severe.  Panic attacks occur 1 to 3 times a week.

IMPACT ON RELATIONSHIPS:
He has a strained relationship with his 2 children and 2-stepchildren and a close relationship with family of origin.  Otherwise, he is a loner, with no friends, hobbies or interests.

IMPACT AT WORK:
He has been unable to work since leaving the Navy because of his high levels of anxiety…
 
HISTORY OF PSYCHIATRIC CARE:
He first sought treatment after he got married in 2014.  His appointments were random until 18 months ago, when he began going to the Janina Wellness Center weekly.  He started seeing Dr. Carlson in Kenai for medication about a year ago.  The frequency of those visits are every 1 to 2 months.  He has never been in group therapy or on an inpatient psychiatric unit.

HISTORY OF REMISSIONS:
Denied.

ACTIVITIES OF DAILY LIVING:
No limitations.

MENTAL STATUS EXAMINATION AND OBSERVATIONS: APPEARANCE:

The Veteran is a medium-height, well-developed, well-nourished 36-year-old Caucasian male who appears to be his chronological age.  He was neatly dressed in casual attire.  Hygiene and grooming adequate.  Eye contact good.

PSYCHOMOTOR:
Gait normal.  He sat quietly during the interview.

MANNER:
Attentive and cooperative.

SPEECH:
Clear and articulate, of normal rate, rhythm and volume…”

14 Jun 2019—VARD finding of Service Connection effective 25 Feb 2019: 
     70% disability rating for PTSD
     0% disability rating for “dermatitis with xerosis, seborrhea and tinea cruris (claimed as tinea cruris, acute dermatitis, acute xerosis cutis, and acute seborrhea)

COMMENT:  The Applicant presents as an affable, somewhat naïve product of a relatively rural farm community setting who was homeschooled early on when his parents developed concerns over “words” that were invading their children’s vocabulary in the public school system.  High School graduation was followed by an extended period of extensive world travel, including American Samoa where he was exposed to rains and river flooding including an episode of near drowning during which he witnessed two women of recent acquaintance drowning whom he pressed to attempt rescue until restrained only to realize had he not been verbally restrained by a buddy, he would likely have drowned as well.  This reportedly left him ambivalent and shaken but otherwise, apparently, functional.  Eventually, he felt the pull to mature into a more adult functional world leading to his enlistment in the Navy during which, his massive initial inoculation period reportedly included virtually simultaneous inoculation with a group of  9 vaccines  followed by eruption of a severe cutaneous reactive rash which, reportedly, did required treatment with steroids and left him with symptoms of irritable acting up, including an episode in which he broke glass to enter his house during an argument with his wife which resulted in his arrest and several month legal restraint (which he accepted adding he never would have physically harmed his wife in any event).  Treatment with Xanax since then has helped minimize these episodes and not been associated with paradoxic agitation.  Missing from the evidence provided was any evidence of consultation with a VACCINE ADVERSE EVENT REPORTING SYSTEM CENTER (https://vaers.hhs.gov/index.html) or MILITARY ADVERSE VACCINE REPORT CENTERS; but, on reflection, during his PAH, he indicated he’d like to look into those options.  Also, his “PTSD” has left him generally capable of management in a home setting assisting at managing the couple’s children but feels unable to reliably adjust to employment settings.  In summary, though documentation is sharply limited relative to his vaccine reaction, and documentation of his enlistment experiences rather terse, his narrative of symptoms and limitations has an overall quality of authenticity.  Ironically, regarding his current Application, it would appear he has, already received all the accommodation allowed by Law regarding overall classification issues.  Moreover, apparently, NO MISCONDUCT  occurred, hence, Kurta-Wilkie evaluation does not appear to be indicated.  Perhaps, the Applicant ought to be directed to the BCNR.	

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. 

The Board recognizes the standard for determining characterization of service when separation is initiated when the member is within the first 180 days of continuous active duty shall be Uncharacterized (Entry Level Separation) unless an Honorable or Under Other Than Honorable characterization is clearly warranted by the presence of unusual circumstances involving personal conduct and performance.  Here, the Board determined that there were no unusual circumstances of performance or conduct during the Applicant’s 29 days on active duty, which warranted an Honorable characterization, therefore the awarded characterization of Uncharacterized (Entry Level Separation) is proper and appropriate. 

Furthermore, a member may be separated based on erroneous enlistment, reenlistment, induction, or extension of enlistment when the enlistment would not have occurred if relevant facts had been known by the Department of the Navy or had appropriate directives been followed.  In this case, competent medical authority opinioned that from the Applicant’s Service Treatment Records (STRs) show he developed rash and it was likely a reaction from the immunization he received within a week after arriving basic training.  Therefore, the Applicant’s STRs support that the in-service stressor actually occurred.  The Applicant was diagnosed as traumatized after witnessing the drowning deaths of two women when he was seventeen, but the symptoms were aggravated by the bad reaction he had to injections at boot camp in the Navy.  Since the existence of a pre-service stressor does not rebut the presumption of soundness under 38 U.S.C. 1111, the Applicant’s claim for Post Traumatic Stress Disorder (PTSD) was decided based on the in-service stressor.  In consideration for all these factors, the Board found no basis to change the Characterization, Narrative Reason for Separation, or Reentry Code.  Consequently, the Characterization of Service will remain Uncharacterized (Entry Level Separation), the Narrative Reason for Separation will remain Erroneous Entry (Other), and the Reentry Code will remain RE-3E.  Relief Denied. 

The NDRB recognizes that serving in the all-volunteer Armed Forces is challenging but reflects a commitment to our Nation; thus, service members deserve to be recognized upon completion of their service.  One of the ways in which our service members are recognized is through the determination of their characterization of service.  Most servicemembers, however, serve honorably and therefore earn their Honorable discharges.  In fairness to those Marines and Sailors who served honorably, Commanders and Separation Authorities are tasked to ensure that undeserving servicemembers receive no higher characterization than is due.  The NDRB found the characterization of the Applicant’s discharge was equitable and consistent with the characterization of discharge given others in similar circumstances.

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  UNCHARACTERIZED (ENTRY LEVEL SEPARATION), the narrative reason for separation shall  ERRONEOUS ENTRY (OTHER) with a corresponding separation code of JFC, and the reentry code shall  RE-3E.  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.