ex- BMSA, 

Current Discharge and Applicant’s Request

Application Received:  20211110
Characterization of Service Received:   
Narrative Reason for Discharge:   MISCONDUCT (DRUG ABUSE)
Authority for Discharge:   MILPERSMAN 1910-146 [DRUG ABUSE] 

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:  20140108	Age at Enlistment:  
Period of Enlistment:   Years 13 Extension
Date of Discharge:  20171018	Highest Rank/Rate:  BMSN
Length of Service:  03  Year(s)  09  Month(s)  11  Day(s)
Education Level:  12	AFQT:  43
Deployment/Operation:  

Evaluation Marks (# of occasions):  Performance/Proficiency:  3.0 (6)   Behavior/Conduct:  2.5 (6)   OTA:  2.92 
Fitness Reports:  

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

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

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

NJP:  1

- 20170621:	Article 92 (Failure to obey order, regulation) 
	Article 111 (Drunk or reckless operation of vehicle, aircraft, or vessel)
	Article 112a (Wrongful use, possession, manufacture or introduction of controlled substance)
	Awarded:  NFIR
	Suspended:  NFIR

NDRB Documentary Review Conducted (date):  20210930
NDRB Documentary Review Docket Number:  ND21-00377
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 32, effective 07 September 2010 until 8 October 2019, Article 1910-146, SEPARATION BY REASON OF MISCONDUCT - DRUG ABUSE.

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 upgrade to qualify for VA benefits.
2.	The Applicant contends his mental health condition was a mitigating factor in his misconduct.

Discussion

Date:  20230320		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) 
Article 111 (Drunk or reckless operation of vehicle, aircraft, or vessel)
Article 112a (Wrongful use, possession, manufacture or introduction of controlled substance)

:  The Applicant seeks an upgrade to qualify for VA benefits.

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 is directed to the Addendum, specifically, the paragraph regarding the U.S. Department of Veterans Affairs (VA), who determine eligibility for post-service benefits, not the NDRB.  The VA conducts its own determination of eligibility based on service records and input from an Applicant upon their request.  The Applicant should refer to the Veterans Administration website (http://www1.va.gov/opa/Is1/1.asp) for additional assistance regarding a benefit determination review.

:  The Applicant contends his mental health condition was a mitigating factor in 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 did not mitigate 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 – ADHD “all my life” (shares comorbidity with impulsivity, behavior or conduct problems, learning disorders, mood disorders (anxiety and depression spectrum), and the drug abuse spectrum of disorders including Arimidex Use Disorder), likely leading to an (undiagnosed) Adjustment Disorder during his enlistment.

2.	A.	Were these conditions present at time of misconduct?	Yes
	
	B.	Were these conditions mitigating for the misconduct?	Yes	
3.	Were all required mental health and/or medical evaluations conducted in accordance with regulations, prior to the administrative separation of the applicant?	Yes	
4.	Medical Board Member comments:	Data includes:

PRIOR TO ENLISTMENT:

Positive family Alcohol Abuse history (father and paternal grandmother).

Age 15:  ADHD diagnosed [but symptoms may have been first noticed at age 11 or earlier… when diagnosed by a psychiatrist…was prescribed Ritalin, which his mother allegedly diverted for her own use until he was 16 years old when it was, reportedly discontinued leading to more problems…[apparently medication was resumed at a later date].”  Applicant, further testified he did share this history with him [recruiter] and claims he was advised he would be able to once he was on ACDU and “with the Fleet…”  (See PAH—Applicant’s testimony added “I've had an ADHD problem for my whole life noting having been denied access to treatment by Command during enlistment and resulting in not being “able to focus on a lot of things” adversely affecting his adjustment.”)

Father was largely absent due to travel apparently required by his job.

Age 18:  Mother “didn't treat me the best growin [sic] up…put a lock on the refrigerator… and she actually left when I was 18… I honestly haven't talked to her since.”

08 JAN 2014—ENLISTMENT:  Age 21 yo; AFQT 43.

24 Feb 2014— USS TRANQUILLITY MEDICAL CLINIC GLAKES, IL MEDICAL, DENTAL AND EDUCATIONAL SUITABILITY SCREENING FOR SERVICE AND FAMILY.
MEMBERS (NAVMED 1300/1):  “No” checked by “15.f.  f. Mental health or behavioral conditions (e.g., mood, adjustment/personality disorder, ADD/ADHD, anxiety, psychosis)”

Applicant’s testimony at PAH included:, “On reporting for duty on the USS STOUT, “[Per Applicant’s testimony at PAH,] I went down to my birthing and my division, which is audio one…people in my division had cut up all my stuff and sliced through my brand new shoes that I bought and everything and just for no reason…  Ohh…which that was a really big shocker for me as well, so it caused a lot of anger inside.  And they made me feel like I was. Like I was, I guess what you would call tripping or crazy that you know that things were happening to me a lot and they would continuously do stuff like that to me as well, which put me in a state of like sadness for pretty much most of my career…I originally asked to go to medical…to get ADHD medicine [to] help my focus on things [to no avail]… And finally…our Chief that had been doing all this corrupt stuff toward me because [he] had his favorites…ended up slipping down the ladder well…and breaking his back. And after he had to leave the command…Oh, I noticed a lot of different changes in my division which kind of helped me a lot in a way because…a lot of things got…thrown under the bus or looked over…but they still wouldn't let me go to medical or to get a ADHD medicine on top of it as well…went on my first deployment and I tried my hardest. I drank a lot of coffee…[to complete surface warfare qualifications] and ended up [additionally having qualified for] Master Helmsman as well on deployment and I've got the most qualifications out of everybody… no one [else] got their surface warfare. No one [else] had master helmsman… And I was expecting my hard work to pay off to get an excellent eval so I could get points for a test to make rank… [but] they give [sic] it to a girl that all she done was maintenance and that was kind of another turning point to where you work this hard and [your up against] a brick wall me…and…increased my anxiety a lot on top of it being that like I worry a lot and it's just constantly of like what's going on is it me?... [like] I'm a problem. Is this what I should be doing?...just felt like they didn't really appreciate anything that I did…I worked…my hardest on a lot of things that they wanted me to do. I've worked over. I've done things that you know, in the middle of the ocean that were dangerous and you know, and they just used me as like a workforce to do things. And I never got anything out of it?  And so I went on after my first appointment, I came back…I went on leave.  After that, which was close to my [EAOS?]…I put in to get extended…like the first thing that I've got accepted to the military… is getting extended. I couldn't make rank…but I got extended on my ship…I did end up drinking a lot…I stayed at the bar….I just felt like it was a really good coping mechanism. It was just for the moment though. And then you kind of felt in that dark place again …didn't wanna be there and…You have a lot of different…Crazy thoughts when you're at sea. When you're in the, I guess that kind of dark place in your mind…[tried] To get on medication, and I ended up having one at the house in Alabama and I took an Adderall, which was my ADHD medicine that I had…I take …one of them just…[to] feel I guess myself again. So my anxiety wasn't so bad and I was calm… peaceful that I was away from the situations that I've been through for the past, you know, three or four years and everything that all put me in a bad spot mentally in my head and I came back…I ended up going to the bar. I drank 3 beers and ended up going through the Naval station, Norfolk …And I guess the dude was I guess having a bad night. Because …he pulled me out of my vehicle…very rude...I had three beers prior to that, which I wouldn't think would do anything and 18 as well…I got Arrested four DUI and they found a box of syringes in the back of my truck, which I've taken testosterone before…and I was supposed to bring it to someone and Alabama … And I also had an estrogen blocker in there as well. And nothing was open at all…the box was sealed. They found that box in the back which didn't look good on my part as well…and then I guess they charged me with that as paraphernalia…in my truck…I completely forgot that that was in there and just all these series of bad events are happening to me…They sent me to a specialist in the military for ADHD and I got diagnosed with ADHD and… that's when she told me…it makes my anxiety worse and it made sense because when it acts up it, it makes me not want to be around people and I feel like everyone's up to get me…and…it just creates like a whole sadness …and like, I wasn't allowed to take any stimulants. While I was in the AP classes so they put me on… Strattera…they were processing me out for a 0 tolerance policy…Taking something that wasn't prescribed to me was in the wrong…”

As part of discharge physical exam processing, a note indicated “Member currently being ADSEP for use of Adderall & Arimidex …Member has no other issues or concerns.”

Saturday 26 May 2017—“Norfolk Naval Station at approximately 0200, the member was pulled over at the main gate of the Norfolk NAVAL Station for smelling like alcohol. A field sobriety test was conducted and the patient was breathalyzed – his BAC was .10. He was also charged with possession of a controlled substance
(Estrogen Blockers) and (box needles) drug paraphernalia…” (Opening sentence in 08 Aug 2017 NMCP summary below)

27 Jun 2017—SEPARATION PHYSICAL EXAM (p45/115)  :

Item 3.F.  “Member addressed concerns with stress with Chaplin.  No further care was given.  Member still has concerns with sleeping but doesn’t believe it has anything to do with stress.”

Item I. – Member currently being ADSEP for use of Adderall & Arimidex.” DUI arrest. He expressed himself without hesitation and spoke honestly of his recent personal stressors and grief issues.”

12 Jul 2017—AHLTA entry: “History of present illness
The Patient is a 25 year old male. 25 year old male from USS STOUT presenting for evaluation of possible ADHD. Member is currently pending ADSEP for drug use (amphetamines [amphetamines] and steroids) and SARP treatment end of AUG2016. Patient states amphetatmines [amphetamines] he took were from an old prescription of his back home that he had prior to Navy. States he is having same issues again and would like to start on medication.”

08 Aug 2017— NAVAL MEDICAL CENTER PORTSMOUTH
DEPARTMENT OF PSYCHIATRY INITIAL APPOINTMENT:
“Psychiatric review of systems:
-anxiety: See HPI
-depression: denied
-mania: denied
-psychotic: denied
-post-traumatic: denied
-SI: denied
-HI: denied…
PSYCHIATRIC HISTORY:
-diagnoses: ADHD
-hospitalizations: denied
-outpatient therapy: Was seen by a psychiatrist who diagnosed him with ADHD at age 15.
-suicidal ideations: denied
-psychotropic medication: Adderall – reported good effect; denied use of any other psychotropics

IMPRESSION:
[Applicant] is a 25 year old AD/USN/BMSN with approximately 3 years of CAD. His psychiatric history is significant for ADHD and previous treatment on Adderall leading up to his enlistment into the Navy.  Patient presents to clinic today for evaluation and management of attention and concentration difficulty. Patient’s medical history is non-contributory. Although there have been no definitive diagnoses of ADHD in his family, he suspects that both of his parents have some degree of attentional/hyperactive issues which may be a contributory/ predisposing factor in this patient’s presentation. Patient’s substance use history is certainly of concern given his recent DUI and endorsement of criteria meeting mild alcohol use disorder diagnosis. At this time, patient has remained abstinent since the incident, though his motivation for continued sobriety is not clear. Labs to include CBC, CMP and thyroid panel were drawn today and were all unremarkable. At this time there is low suspicion for organic causes to his symptoms.  Patient’s history of ADHD and chronic struggles related to school performance and work performance in the context of multiple inattentive symptoms to include repeated mistakes at work resulting from not paying close enough attention, difficulty sustaining attention, failing to follow through with instructions, difficulty with organization, loses things frequently, and forgetfulness is consistent with a diagnosis of ADHD predominantly inattentive. Patient reported his symptoms to be well controlled with Adderall during adolescence; however, given the current circumstances related to his alcohol use and other substances, a non-stimulant medication such as Strattera is a better alternative at this time. Patient is pending an administrative separation at this time but he aspires to finish school and become a personal trainer once he is out of the military. His parents are supportive and the patient will continue to receive healthcare insurance from his parents once separated.”

01SEP17  COMPLETED LEVEL 1 SARP
Alcohol abuse, uncomplicated (F10.10)
Encounter Date Clinic Clinician Facility

08 Aug 2017 Mental Health Adult NMCP CLEM, JOSEPH B NMC Portsmouth
Attention and concentration deficit (R41.840)
Encounter Date Clinic Clinician Facility

12 Jul 2017 Medical Readiness.  SURFLANT…NMC Portsmouth
Attention-deficit hyperactivity disorder, predominantly inattentive type (F90.0)
Encounter Date Clinic Clinician Facility

08 Aug 2017 Mental Health Adult NMCP…NMC Portsmouth:
“Patient presented 20 minutes late for his initial evaluation with this provider. Patient reported that he has a history of ADHD dating back to age 15 when he was diagnosed by a psychiatric provider. Patient reported being treated with Adderall to good effect and continued use of this medication until age 21 when he decided to enlist in the Navy. Patient reported that although he cannot remember much of his school performance prior to high school, he remembers getting into frequent trouble for multiple, minor repeated infractions. Patient reported that leading up to being diagnosed with ADHD, he experienced difficulty with paying attention, was very energetic, and had difficulty when it came to focusing on school material. In high school, he reported being a “C” average student and generally did not care much about school. He reported that he continued to get in trouble during high school for a multitude of different reasons. He denied ever failing any classes or having to repeat any grades. Patient reported that he stopped his medication upon joining the Navy because he did not want it to interfere with being able to enlist. Patient endorsed that since his enlistment, he has continued to struggle. He reported getting into trouble frequently because he would forget to carry out a duty that was asked of him and ultimately has not achieved 3rd class ranking because of his inability to make quals. Patient reported that he has difficulty concentrating, remembering things, and get lost in conversation. He reported that he repeatedly loses his things to include his cover and recently his wallet which resulted in someone stealing some cash from him. He reported always having difficulty with organization and has never considered himself to be an organized person.

Patient reported some anxiety stating that he ruminates on things and feels like he is constantly setting himself up for failure. He reported that he tends to over-analyze things and worries about various things to include financial, relationship and “trying not to be a failure.” Patient denied any panic symptoms. He denied any depressive symptoms. He reported that he sleeps on average 5-6 hours each night and feels adequately energized throughout the day. Appetite is unchanged. He exercises 5 x/week. Patient denied
any history of or current SI/HI.  Recent loss(es) or other significant negative event(s) (legal, financial, relationship, etc.): Best friend died 1 month ago, grandmother diagnosed with cancer on same day Patient completed his LIP assessment on 06Jul and was referred for SARP Level 1 treatment. He is scheduled to start his treatment on 21Aug2017.
Patient indicated that he owns a handgun and that it is kept locked in a safe and unloaded. Patient was advised that possession of a firearm increases their risk for suicide, should an acute crisis,  intoxication, or suicidal ideation arise.

DSM-5 DIAGNOSTIC IMPRESSIONS:
305.00 Alcohol Use Disorder, Mild

01 Sep 2017—“A/P Last Updated by XXX @ 01 Sep 2017 1120 EDT
1. Alcohol abuse, uncomplicated withdrawal can kill him. In the documentary, [Applicant] agrees to undergo some tests in attempt to determine the damage alcohol has done to his body. It is discovered that  [Applicant]  has a serious hip injury which occurred during a drunken episode, and has never healed properly. Also, due to the severe damage done to his digestive system, eating is painful. Thus, he only consumes a few meals a week, is vastly underweight, and suffers from malnutrition.”
PAH testimony:
“I can't really do college or anything like that because…I can't really pay for it.”

18 OCT 2017—DISCHARGE: UOTH

POST SEPARATION:

PAH TESTIMONY included: “I worked as a server outside of the military for the past 3 1/2 years…a little rough, but I have to make money somehow since…because…I couldn't get a job that I was expecting to get...since my military status was other than honorable.”

30 SEP 2021—NDRB deliberation:  NO CHANGE

COMMENT:  The Applicant presents a compelling narrative of having been the product of a dysfunctional family of origin, repeatedly “getting in trouble…fighting”, etc., and academic underachievement in school, diagnosed with ADHD at age 15 by a psychiatrist (complicated by his mother’s alleged diversion of his prescribed Adderall prior to enlistment).  Somehow, despite reported attempts, apparently, including with a chaplain, he was not formally diagnosed with ADHD until after his misconduct when he, finally, was evaluated by NMCP Psychiatry in July 2017. A more timely evaluation might have prevented the most serious misconduct.  Hence, despite the serious personal neglect aspect of his DUI, adverse consequences were largely avoided.  Hence, ‘believe a significantly mitigating, but not entirely exculpating, nexus can be established between the Applicant’s misconduct and chronic ADHD.  Accordingly, consideration of relief in the form of a General Under Honorable Conditions characterization of his discharge is recommended as a matter of clemency and equity.	

In determining discharge characterization of service, the Applicant’s conduct forms the primary basis for consideration.  The Applicant’s in-service conduct included one NJP for driving under the influence (DUI) of alcohol and taking Adderall without a prescription.  Based on medical records, it also appeared the Applicant may have been charged for possession of an estrogen blocker, which was discovered during a search of his vehicle after he was detained for DUI.  However, the Applicant contends his mental health condition stemming from attention-deficit/hyperactivity disorder (ADHD) was a mitigating factor in his misconduct.  Here, the Applicant detailed an ADHD diagnosis around the age of 11 with a subsequent prescription for Ritalin.  While the Applicant stated in his hearing he stopped taking his medication around the age of 16, service medical records post-misconduct noted the Applicant used prescription medication for ADHD until he was 21 and discontinued use for enlistment purposes.  The Applicant failed to disclose ADHD and pre-service medication use during his military entrance processing.  

Had all the relevant facts about the Applicant’s condition been known by the Navy, or had appropriate directives been followed, it is unlikely the Applicant would have been allowed to enlist.  The Applicant’s official military service record, coupled with additional post-service documentation provided by the Applicant, support the Applicant’s contention that his ADHD was a mitigating factor associated with the in-service misconduct.  Moreover, the NDRB determined that the unique circumstances of this individual case, coupled with the opinion of the Board’s Psychiatrist, warranted additional consideration in the determination of overall characterization of service.

Further, 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.  The Board considered the Applicant’s overall capacity to serve; his entire military performance and conduct; his mental health diagnosis; the nexus between his misconduct and his mental/emotional stability; and the severity of his conduct in relation to his discharge characterization.  The Applicant served 3 years, 9 months, and 11 days of a 4 year, 13 month extension enlistment, was awarded a Sea Service Deployment Ribbon and a Good Conduct Medal, and had no other misconduct in his record.  While the Board considered his misconduct a significant negative aspect within his military career, it did not find that it rose to constitute a significant departure of military conduct in the context of his overall career.  Consequently, the Board discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant’s service.  Of note, the Board considered this case in accordance with the Kurta Memorandum, but found full relief was not warranted in that there was insufficient evidence the severity of the Applicant’s mental health rose to such a level as to completely exonerate him of his misconduct.  Thus, by unanimous decision, the Board found relief in the form of an upgrade in the characterization of service to Under Honorable Conditions (General) warranted.  Partial relief granted.

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  UNDER HONORABLE CONDITIONS (GENERAL), the narrative reason for separation shall  MISCONDUCT (DRUG ABUSE) with a corresponding separation code of hkk, 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.