ex- CM2, 

Current Discharge and Applicant’s Request

Application Received: 20221115
Characterization of Service Received:   
Narrative Reason for Discharge:   MISCONDUCT (SERIOUS OFFENSE)
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:	 	             	Active:	 19940908 - 20110930  

Period of Service Under Review:
Date of Enlistment:  20111001	Age at Enlistment:  
Period of Enlistment:   Years   Extension
Date of Discharge:  20160309	Highest Rank/Rate:  CM1
Length of Service:  04  Year(s)  05  Month(s)  08  Day(s)
Education Level:  12	AFQT:  41
Deployment/Operation: 

Fitness Reports: 

Awards and Decorations (per DD 214):	Rifle  Pistol  NDSM(3) GCM(4) GWOTSM GWOTEM OSR(9) MUC NATO(2) AFEM AFSM HSM JSAM NAVY "E" NMCAM(4) SSDR(7) PUC ESCWS 

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

SCM:    SPCM:    

NJP:  2

- 20131114:	Article 92 (Failure to obey order, regulation) 
	Awarded: RIR FOP RESRT   Suspended:  NONE  

- 20140307:	Article 111 (Drunk or reckless operation of vehicle, aircraft, or vessel) 
	Awarded: RIR FOP RESTR   Suspended:  RIR for six months    

CIVIL ARREST:  1

- 2011:	Charge: For possession of child pornography by a civilian court in 

CC:  1

- 20130613: 	Offense:   For possession of child pornography by a civilian court in 
	Sentence: 5 years and 6 months in prison.  Reduced: 2.5 years in prison (suspended), 3 years of probation (with no requirement to stay in Greece), and 500 Euros in court costs

Retention Warning Counseling:  1

- 20131114: For violation of Article 92 leading to NJP.

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, (NA VPERS 15560D), Change 43, effective 31 May 2013 until Present, 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).

C.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 134.

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

Applicant’s Issues

1.	The Applicant requests an upgrade to Honorable and contends that he served honorably, the most serious civil charges were dismissed by Greek authorities and his service connected PTSD is a mitigating factor in the misconduct. 

Discussion

Date:  20221221		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.

AUTOMATIC REVIEW: Pursuant to the Settlement Agreement in Manker v. Del Toro, the Naval Discharge Review Board (NDRB) automatically reconsidered the Applicant’s previous NDRB Decision because it was issued between March 2, 2012, and February 15, 2022 for Iraq and Afghanistan era Navy and Marine Corps Veterans who received General or Under Other-than-Honorable (UOTH) discharges while having a diagnosis(es) (or symptoms) of post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), military sexual trauma (MST), or other behavioral/mental health conditions.  The NDRB automatically reconsidered the Applicant’s case to ensure appropriate application of Department of Defense and Department of the Navy guidance regarding the effect of PTSD, TBI, MST and behavioral/mental health conditions upon service members, and how such effects may have affected conduct ultimately leading to an individual’s discharge. 

As a result of the Applicant’s claim 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.  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.  The Applicant’s service record documents completion of a deployment from March 2006 to March 2007 in support of Operation IRAQI FREEDOM.  Pursuant to § 1553 (d)(2), the service secretary expedited a final decision and accorded the case sufficient priority to achieve an expedited resolution.  

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)

:  The Applicant requests an upgrade to Honorable and contends that he served honorably, the most serious civil charges were dismissed by Greek authorities and his service connected PTSD is a mitigating factor in the 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 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?	Possibly, but documentation incomplete 
 PTSD (EPTS), Alcohol Use Disorder, Dysthymic Disorder (military)	
2.	A.	Were these conditions present at time of misconduct?	 YES, at least some of the conditions listed	
	B.	Were these conditions mitigating for the misconduct?	 Possibly, however, critical evidence missing (see below)	
3.	Were all required mental health and/or medical evaluations conducted in accordance with regulations, prior to the administrative separation of the Applicant?	Not Applicable	
4.	Medical Board Member comments:	REQUEST:

EPTS includes history of having been the victim of significant abuse by both of his parents and other psychiatric problems.

10 Jan 1976:  DOB

ACTIVE SERVICE includes:

08 Sep 1994:  ENLISTMENT @ age 18.

19 May 1999: Persistent penile warts noted.

2005:  Year in which he later (2013) disclosed he had been an alleged victim of “rape by gunpoint…while deployed to Kuwait [see 24 Oct 2013 note below].”

01 Oct 2011:  RE-ENLISTMENT.

27 -28 Jun 2011:  IMPACT (Level 0.5 SARP) attendance.

22 Aug 2011:  Fit for reenlistment.

Oct 2011:  Child pornography possession arrest by Greek authorities.
 
Dec 2011 – diagnosed with an alcohol use disorder.

04 Dec 2012:  Psychology consultation request stated, “Patient is 36 yo male with Ox of Depression. The Psychiatrist in Sigonella, Italy started the patient on Prozac, but patient's
current situation is characterized by social chaos, and the Psychiatrist recommends consistent person-to-person contact with a specialist. Please treat this patient for Depression with aspects of Anxiety.

31 Jan 2013 Psychology consultation report stated:  The Applicant “presents with high levels of anxiety, anhedonia and hopelessness. His primary diagnosis is dysthymic disorder (300.4) and alcohol abuse(305.0) though due to his current circumstances he reports that he has not ingested alcohol for over a year with few exceptions. Under other circumstances and due to the issues facing the patient, I would refer patient to an addiction specialist but he is facing legal problems that make it impossible for him to seek help off the island.  He shows no suicidal ideation and appears to be willing to seek help and counseling. I explained the limitations of supportive psychotherapy for his issues of addiction and childhood trauma but he wishes to continue due to his need for support”

08 Feb 2013:  Chania, Greece Psychologist note:  “have spoken to Dr.B… (psychiatrist from Sigonella). Patient does not report any SI or other self destructive behavior but as his fear and anxiety has decreased, his old maladaptive patterns of behavior have reappeared….Patient appeared cooperative and agreed to a reevaluation of his meds {Prozac, Naltrexone ), to see me twice a week and to change our treatment goals to sober living and coping strategies , less on his traumatic past.”

13 Jun 2013 – Civilian conviction (Greece) – child pornography possession.

10 Apr 2013 Chania Greece Clinical Psychologist Medical Report included, “Patient is 36 yo male with Ox of Depression. The Psychiatrist in Sigonella, Italy started the patient on Prozac, but patient's current situation is characterized by social chaos, and the Psychiatrist recommends consistent person-to-person contact with a specialist. Please treat this patient for Depression with aspects of Anxiety.”

09 Jul 2013:  
“Pt here for prt waiver. 11 JUN motorcycle crash in which he sustained right comminuted wrist fx, now s/p orif. Also sustained C-6 lamella fx. Continued hypethesia [sic] of right arm, but no other/ new neurologic sxs since his hospital discharge. He is currently followed by local orthopedic surgeon. Visit last week but records not available at this time. Has remained sober since accident until last week, when consumed 1/5th of liquor and few beers while on leave. Reports no AA meetings in area. Needs continuation of care to follow up with local therapist. Has not attended session in some time. No dangerous thoughts and does contract for safety.  Recent court case. Was acquitted but has some pending legal issues. May be free to leave country but would lose 25K if process not completed.”

Oct 2013 – Inpatient alcohol detox (Greek hospital); DUI?

13 Oct 2013: Mental Health Evaluation by a M.Phil.-degree level, Chania, Crete, Greece Clinical Psychologist who assessed…the need to provide “a supportive environment in which to learn to manage and successfully function while facing serious legal issues that are affecting him personally, professionally and threaten his freedom.  Patient has family history of psychiatric problems and abuse. His psychosocial history is chaotic, with difficulties maintaining romantic relationships. Until faced with current problems, he reports getting great satisfaction from work and peers and has done well professionally, though he has suffered mental health issues without seeking help since early adulthood.  His primary diagnosis is dysthymic disorder (300.4) and alcohol dependence (305.0) but his underlying personality and the stressful uncertainty surrounding his status lends more severity to this diagnosis.”

24 Oct 2013: NMCSD PSYCHIATRY NOTE:
“Patient reports that he has had difficulty with both depression and alcohol since he joined the Navy 19 years ago. For the past 2.5 years he reports drinking daily, about 1 bottle of Vodka per day. Prior to that he has been drinking on weekends, up to a case and a half of beer with one bottle of Vodka. He just completed hospitalization for detox at Souda bay [sic] in a Greek civilian hospital for 2 weeks. During which he did have withdrawal symptoms (tremor and night restlessness). He now has 13 days sobriety, which he reports is the longest sobriety he has had for the past 19 years. He also reports depression since being in the military with insomnia, decreased energy, anhedonia and decreased concentration. In addition he reports nightmares and flashbacks from childhood abuse by Mother and Father, and from a forced “rape” by gunpoint in 2005 while deployed to Kuwait. [apparently represents a 1st disclosure; bolding added]  He also reports avoidance of certain places, people and keeps his back toward the walls secondary to the abuse. Positive hypervigilance, insomnia and decreased concentration. The patient denies any combat related symptoms.”

28 May 2014 – ASB [Administrative Separation Board] (Separation (3-0), GEN characterization (2-1))

07 Jul  -  07 Dec 2014:  Losis [?[ Hospital “admission,” Chania-Crete-Greece hospitalization Medical Report indicates hospitalization.  Details include:  “The patient was transferred to our clinic by our ambulance from the city of Heraklion, after fall from stairs, and injury.”  Previous Medical History included “-depression under medication.”

13 Aug 2014:  NMCSD Psychiatrist note included, “Patient reports some increase of depression related to his father’s death about 2 weeks ago. He reports continued sobriety from ETOH. He reports he continues to do the AA chat several times per day. He continues to have symptoms of PTSD (non-combat) to include nightmares, avoidance of crowds and memories, hypervigilance, jumpiness, difficulty with concentration and sleep…”

18 Aug 2014:  Same NMCSD Psychiatrist noted, “DIAGNOSIS:
Axis I: Alcohol Dependence, Early remission, Depressive Disorder NOS, PTSD Patient has continued to have significant symptoms of PTSD despite several months sobriety from ETOH
Axis II: Deferred
Axis III: Low back pain
Axis IV: Legal difficulties
Axis V: GAF 65”

19 Aug 2015: 
“This is a 39 y/o active duty male here for FU for mental health concerns. Pt has struggled with depression and history of alcohol dependence, he is currently in remission. He has been going through some legal issues and they have come up again so his depression and anxious symptoms have returned. Pt was recently started on Prozac 20mg about 2 weeks ago. He has been on this in the past and it did help. He was on a higher dose. Pt did take the elavil for sleep and it did help but he slept in and was late for work so he has not taken it since. He does have history of sleep apnea but has not received a CPAP machine since he was supposed to leave about a year ago. Will pursue patient getting a CPAP as his legal issues may make him stay here for longer. Pt denies any thoughts of hurting himself or anyone else. He would like to return to counseling as he said this did help in the past, it was stopped this last spring as he thought he was leaving. Pt with no other concerns at this time. Depression and sleep disturbances.”  PTSD is listed under “Past medical/surgical history Reported” but neither corroborating symptoms nor developmental history or progression are noted. 

21Dec 2015:  “39 y/o AD Navy PO2 with hx of Major Depression, PTSD, ETOH Dependence and has been undergoing significant legal issues concerned with the ETOH use while driving. He has been thru ETOH Treatment locally and began to use Prozac for approx 2 years while all his legal issues are in the process. He has needed Viagra to help with sexual fx due to the side effects to Prozac. There is some concern for elevated BP. He is requesting a refill of medications..
[Also noted were:] Inadequacy of penile erection.  Anxiety and depression.

1. Major depressive disorder, single episode, unspecified F32.9: Doing well in counselling and on meds. Would consider decreasing meds for depression 2 months after all legal issues are resolved and discontinue 1-2 months later. Medication(s): -QUETIAPINE--PO 25MG TAB - TAKE 4 BY MOUTH TABLETS EVERY NIGHT #120 RF1  -FLUOXETINE--PO 20MG CAP - TAKE ONE CAPSULE BY MOUTH EVERY DAY #90 RF3
2. Sleep apnea, unspecified G47.30: Cont to use his CPAP, sleeping much more restfully with use of Amitryptyline, Seroquel and the Naltrexone.
Medication(s): -AMITRIPTYLINE--PO 10MG TAB - TAKE ONE TABLET BY MOUTH AT BEDTIME #30 RF3
3. Male erectile disorder F52.21: 50mg dose no longer as effective as before. Will increase to 100mg per dose. Member still reports difficulty reaching orgasm which is a well-known side effect of Prozac.”

02 Feb 2016 Separation Physical Examination included:

“DD FORM 2807-1, AUG 2011…Page 2 of 3:
“HAVE YOU EVER HAD OR DO YOU NOW HAVE:
“17.a. Nervous trouble of any sort (anxiety or panic attacks)…..NO
       c. Loss of memory or amnesia, or neurological symptoms…NO
       d. Frequent trouble sleeping……………………………….YES
       f.  Depression or excessive worry………………………….YES
       g. Been evaluated or treated for a mental condition……….YES
       h. Attempted suicide……………………………………….NO
       i.  Used illegal drugs or abused prescription drugs………...NO 
..,29.  EXPLANATIION OF ‘YES’ ANSWER(S)…
   17. PAST ISSUES…[2005 allegation of having been raped at gun point not mentioned]”

DD FORM 2697, FEB 95 [Completed by Member]
Petitioner  included: OVERALL HEALTH was “THE SAME” as last exam;  No illnesses caused missed duty >3 days;  Now taking one medication;  NO conditions limit ability to work in primary military specialty or require geographic or assignment limitations…; no other questions or concerns…”UNCERTAIN” if will ask for VA Disability.

DD FORM 2697, FEB 95 (BACK) Completed by CDR/MC/USN, NBMC Souda Bay, PSC 814, Box 19, FPO AE 09865 included:
20. HEALTH CARE PROVIDER COMMENTS 
•POST-TRAUMATIC STRESS DISORDER
•DEPRESSION
•DYSTHYMIC DISORDER (DEPRESSIVE NEUROSIS)
•ADJUSTMENT DISORDER   
•SLEEP DISTURBANCES         
•NONORGANIC SLEEP APNEA
•MALE ERECTILE DISORDER
•SEXUAL DISORDER                  
•TOBACCO USE SNUFF AT ½ CAN PER DAY
•HYPERTENSION (SYSTEMIC)      
•CARPAL TUNNEL SYNDROME    
•ALCOHOL DEPENDENCE (ALCOHOLISM) IN REMISSION… 
Pt was not referred for further evaluation.”

09 Mar 2016:  Discharge

10 Mar 2016:  Original & Current Effective Date of 
“VA ELIGIBILITY STATUS DATA, SCREEN <7>”
6847-SLEEP APNEA SYNDROMES(50% SC)  
6260-TINNITUS(10% SC) - MAR 10,2016  
5297-REMOVAL OF RIB(S)(0% SC)
 
COMMENT:

The Applicant, a 21-year CM2/veteran, was separated from the Navy based on the commission of a serious offense, specifically his conviction in a Greek criminal court of child pornography possession.  Additionally, while awaiting the outcome of an appeal, the Applicant committed two additional offenses – violations of UCMJ Articles 92 and 111.  In his defense, the Applicant contends PTSD (in part) mitigates his misconduct and should have been considered as part of his discharge.  It is generally accepted the risk of becoming an adult sexual abuser of children is increased by having been the victim of childhood sexual abuse.  However, the latter is less well documented with reference to adult possession of/interest in child pornography, otherwise known as Child Sexual Exploitation Material (CSEM).  And the available mental health related clinical notes focus far more on what DSM 5 refers to as Alcohol Use Disorder, “anxiety,” and “depression” than PTSD, per se, although the record does show that the diagnosis of PTSD was made in 2004.  Hence, it would appear reasonable to assume some element of mitigation, but not exculpation, may be applicable.  However, what is missing from the available evidence is a Forensic Psychiatry or Psychology evaluation (which would ordinarily would be expected to have occurred in the Greek forensic review process.  Additionally, especially given the administrative intricacies, it is noted JAG participation and the record of the Greek forensic evaluation and trial documents are missing from the documentation provided; and their absence is unexplained.  As stated in the Kurta memo, "[l]iberal consideration does not mandate an upgrade.  Relief may be appropriate, however, for minor misconduct associated with mental health conditions, including PTSD; TBI... and some significant misconduct sufficiently justified or outweighed by the facts and circumstances."  Moreover, in this case, the Applicant’s repeated and serious charges suggests ASN had the benefit of adequate information of the Applicant’s medical issues and that the Applicant had ample opportunity to contest the results of his convictions based on his preservice PTSD alone.  Accordingly, critical documentary evidence is considered to be missing.

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 his conduct or performance of duty outweighed the positive aspects of his service record.  In making its determination, the Board considered the totality of the Applicant’s service inclusive of his misconduct and his overall 21 year active duty career that included strong performance as a Construction Mechanic (Seabee).  The Applicant was separated after he was convicted by Greek court for the possession of child pornography.  Additionally, while awaiting the outcome of his civil case, the Applicant was subject to two Non-Judicial Punishments for alcohol related incidents.  The Board considered the Applicant’s contention that his overall service was honorable, the Greek authorities dismissed the most serious charges, and service connected PTSD from a sexual assault mitigates the misconduct.  A review of the Applicant’s military medical records provides evidence of alcohol use disorder with a diagnosis in December 2011.  Furthermore, there is a 2013 report of the Applicant of being raped at gunpoint while deployed to Kuwait in 2005.  The Board held that the medical evidence and the Applicant’s provided statement is compelling, however significant evidence is missing to warrant an upgrade.  The Applicant is strongly encouraged to request a Personal Appearance Hearing to present substantial credible evidence of a Forensic Psychiatry or Psychology evaluation and other evidence which would mitigate the misconduct and warrant a discharge upgrade.  The Board held that the Applicant was convicted by a Greek court, the conviction was upheld after appeal, the Applicant’s misconduct occurred after he was receiving treatment for his alcohol use disorder, and the Applicant had an Administrative Separation Board which found cause for separation.  In consideration for all these factors, and the misconduct, the Board determined that the misconduct was a significant negative aspect within his military career and based upon available evidence it is not mitigated by his mental health condition.  Consequently, the Board found the assigned characterization of service to Under Honorable Conditions (General) is appropriate.  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 service members, 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 service members 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  UNDER HONORABLE CONDITIONS (GENERAL), the narrative reason for separation shall  MISCONDUCT (SERIOUS OFFENSE) with a corresponding separation code of GKQ, and the reentry code shall  RE-4.  The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of the discharge.  The Applicant is directed to the Addendum for additional information.

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.  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, 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 is authorized to change a NDRB Applicant’s Reenlistment Code if related to an accompanying change in discharge characterization or narrative, but this authority is strictly limited to those cases where an applicant’s narrative reason or characterization of discharge is changed and that change warrants revision of the previously issued reenlistment code.  Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.  An unfavorable “RE-CODE” is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct: DoD disability regulations do not preclude a disciplinary separation.  Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons.  Whenever a member is being processed through the Physical Evaluation Board, and is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable discharge is authorized, the medical board report is filed in the member’s terminated health record.  Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or other medical related reasons.  Only the BCNR can grant this type of narrative reason change.

Automatic Upgrades: There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct subsequent to leaving naval service.

Post-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.