ex-MASN, 

Current Discharge and Applicant’s Request

Application Received: 20190821
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: REQUESTED, BUT NOT SPECIFIED

Summary of Service

Prior Creditable Service:
Inactive:	 	            	Active:	 

Period of Service Under Review:
Date of Enlistment:  20150513	Age at Enlistment:  
Period of Enlistment:   Years   Extension
Date of Discharge:  20160418	Highest Rank/Rate:  MASN
Length of Service:  00  Year(s)  11  Month(s)  06  Day(s)
Education Level:  12	AFQT:  51
Deployment/Operation: 

Evaluation Marks (# of occasions):  Performance/Proficiency: 3.0 (2)   Behavior/Conduct: 2.0 (2)   OTA: 2.86 
Fitness Reports: 

Awards and Decorations (per DD 214):	NDSM GWOTSM 

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

NJP:  NONE  SCM:    SPCM:    CIVIL ARREST:    CC:   

CIVIL ARREST:  1

- NFIR:	False official statement to local police leading to arrest and a delay in the apprehension of husband.  This statement was made with the knowledge that husband hit a human being in base housing with vehicle and fled the scene. [Extracted from Commanding Officer comments in Recommendation for Separation letter dtd 20160222]

NDRB Documentary Review Conducted (date):	20200428
NDRB Documentary Review Docket Number:	ND19-01491
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 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).

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

Applicant’s Issues

1.	The Applicant seeks an upgrade for education/employment/veteran benefits.
2.	The Applicant contends she served honorably and that a mental health issue contributed to her misconduct. 

Discussion

Date:  20230908		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:

False official statement to local police

:  The Applicant seeks an upgrade for education/employment/veteran 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 www.va.gov/discharge-upgrade-instructions for additional assistance regarding a benefit determination review.  Additionally, VA-run Vet Centers also provide lifelong free mental health counseling regardless of discharge status.  To find your local Vet Center, go to www.va.gov/find-locations and search for “Vet Centers” under Facility type.

: The Applicant contends she served honorably and that a mental health issue contributed to her 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 not have a condition/experience that may excuse or mitigate the discharge; b) the condition did not exist 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 ADJUSTMENT DISORDER/Problems of adjustment to life-cycle transitions/status 6 months into 2nd pregnancy at time of offense  (USN); MAJOR DEPRESSIVE DISORDER (VA); 
No evidence of PTSD (VA)	
2.	A.	Were these conditions present at time of misconduct?	Yes (ADJUSTMENT DISORDER WITH DEPRESSED MOOD/Problems of adjustment to life-cycle transitions/status 6 months into 2nd pregnancy at time of offense.	
	B.	Were these conditions mitigating for the misconduct?	Yes, ADJUSTMENT DISORDER WITH DEPRESSED MOOD/Problems of adjustment to life-cycle transitions/status 6 months into 2nd pregnancy at time of offense, likely began with pressure generated by combination of husband’s and Applicant’s misconduct.  Timing not quite clear but could be viewed as somewhat mitigating but not clearly exculpating as the Applicant did not appear for clinical evaluation and treatment until after having been apprehended.	
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:	HISTORY INCLUDES:

PRIOR TO ENLISTMENT:
24 Jan 1990—Date of Birth.

Education Level: 12  

“Born and raised in NY; 2 sisters, 1 brother. Father was verbally abusive. Brother raped pt from when she was 13 until she left home at age 18. Pt told her mother who did not believe her. Pt did not tell anyone else because her mother depended on her brother's financial help and she felt responsible for not jeopardizing the family's financial welfare. Pt did not address the [current?] ongoing abuse until two months ago when she filed a police report. Pt met her husband when she was 18 years old, they married 1/2014.”

b.	“Pt has never received formal MH treatment. During all 4 years of high school monthly skill-based group therapy sessions that addressed test-taking anxiety. Pt reported at throughout high school she struggled with low motivation, difficulty focusing, feeling overwhelmed and difficulty with decision-making. It was a "crippling feeling" to not be able to tell anyone about the ongoing sexual abuse by brother. Pt agreed when examiner asked if attending this test-taking skills group for all 4 years was her way of obtaining some social support without having to disclose what was happening at home. Pt reported there have been periods of her life when she stopped brushing her teeth for months at a time. Pt described what was likely untreated post-partum depression after the birth of her second child [post separation?].  She has struggled with suicidal thoughts on and off since adolescence and dealt with them by making sure she was never alone to have any opportunity to act on the thoughts.”

02 Sep 2015—MEPS included:
“Natural childbirth…[probably in 2014]”
AFQT:   51 

13 May 2015—ENLISTMENT: @ Age 25
Period of Enlistment:   Years   Extension

11 Jul 2015—Health Record:
“PHQ-2 Depression Screen Negative”

01 Feb 2016—
ASSESSMENT, OCCUPATIONAL, SERVICE MEMBER PERIODIC HEALTH ASSESSMENT (PHA) DOCUMENTED ON DD3024 (DOD0225)
Encounter Date	
Clinic	
	
Facility	

01 Feb 2016	
KBFP	
	
NH FL	

- NFIR: “False official statement to local police leading to arrest and a delay in the apprehension of husband.  This statement was made with the knowledge that husband hit a human being in base housing with vehicle and fled the scene. [Extracted from Commanding Officer comments in Recommendation for Separation letter dtd 22 Feb 2016]”

04 Apr 2016—SEPARATION PHYSICAL EXAM included:
Section 29. Explanation of Yes answers included:

30. EXA INER'S SUMMARY AND ELABORATION OF ALL

' v  '-'"  i -

.

Also #18b.: “No periods = Pregnancy…22 wks 4 days …uncomplicated has ongoing OB Care…”

“#73 Adjustment d/o with depressed mood and anxiety & S/I IBCH & PCM eval with PHQ9-21 GAD7 21eval Signed by “….. PAC…LT, MSC, USN

14 Apr 2016—Health Record Entry:
Adjustment disorder with mixed anxiety and depressed mood (F43.23)
Encounter Date	
Clinic	
Clinician	
Facility	

14 Apr 2016	
KB Family Practice	
	
NH Jacksonville, FL	

	Sertraline Hydrochloride 50mg, (Zoloft Starter Pack), Tablet, Oral
TAKE ONE-HALF TABLET BY MOUTH DAILY FOR 7 DAYS, THEN TAKE ONE TABLET DAILY FOR 30 DAYS FOR MENTAL HEALTH	Discontinued	37	12
Nov 2020	3 of 3	
	trazodone HCl, 50 MG, TABLET, ORAL TAKE ONE TABLET BY MOUTH AT BED- TIME DAILY AS NEEDED FOR MENTAL HEALTH OR SLEEP  	Discontinued	30	15 Oct
2020	2 of 2	

“Social history reviewed 8 year relationship with current husband, married for 1 yr. 1 child and is pregnant, support network in New York.
Behavioral: No caffeine use. No tobacco use history.
Alcohol: Not using alcohol.
Family history
Family medical history
Father hx of anger outburst”

14 Apr 2016—A/P Written by an LCSW:
“1. Problems of adjustment to life-cycle transitions Z60.0: Patie
ss/depression/anxiety to include feeling overwhelmed, displays of emotional outburst, anger, thoughts of suicide (no plan or intent) sadness, 'weighted shoulders'. Patient recently involved in an incident that created negative outcomes for her life. Patient remorseful and admits to being responsible for outcomes. Patient's above stated behaviors are directly related to incident as well as disclosed past trauma in patient's life triggered negative memories. Patient is worried about the future of herself and family, patient has a small child and is pregnant and has concerns about her husband. Patient presents to IBHC with calm presence, denies with following through with any suicide attempt, but does admit to having a hx of suicidal thoughts and reports no intent/plans. Patient encouraged to follow up with mental health provider. Patient and IBHC developed a plan of care and patient agreed to plan. patient will follow up with mental health provider as soon as she relocates patient will use balanced thinking techniques daily basis patient will continue to redirect/refocus negative thoughts on a daily basis as often as they occur
Procedure(s):    -(90834) Clinical Social Work Individual Outpatient Counseling 45 Minutes x 1”

Disposition                   
Released w/o Limitations

1. EXAM, OCCUPATIONAL, RETIREMENT OR SEPARATION FROM MILITARY UNIFORMED SERVICE, LONG:
HREC and DD2807 reviewed with pt. Physical examination documented on 
DD 2808 completed and scanned into HAIMS.
Pt is PQ for Separation.
2. Adjustment disorder with mixed anxiety and depressed mood:
Adjustment disorder with mixed anxiety and depressed mood with accompanying suicidal ideation several days ago. Evaluated this
AM by IBHC and PCM with GAD7 -21 and PHQ9 of 21. Minimal Suicide risk. I spoke with …, psychologist at KB MH who agrees that as long as the pt is not actively suicidal and has no intent or plan, then she should be made PQ for separation. She is separating on Monday 18 May. We discussed crisis intervention , ie ER, Clinic, Chaplain, family, FFSC, Military one source, and value options. I do not plan to start her on SSRI as I will not be able to follow her    on the medications. I do encourage her to f/u with
Ms. ______... our IBHC, LCSW, until she separates and can seek care form a civilian provider. Pt voices understanding.
Consult(s): -Referred To:  (Routine) Specialty: Clinic: KB FAMILY PRACTICE…Provisional Diagnosis: Adjustment disorder with depressed mood”

27 Apr 2016—“ Subj: REPORT OF SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE ICO MASN… 

c. Involvement with civil authorities: MASN …is currently being investigated by Georgia State Patrol for knowingly making false statements to authorities. The Camden County Assistant District Attorney…intends on bringing this case before Camden County's Grand Jury in order to obtain a felony indictment. This case stems from an investigation into a hit and run traffic accident that occurred' in base housing resulting in life threatening injuries to a Naval Submarine Base Kings Bay Sailor.”

18 Apr 2016—DISCHARGE:  GUOHC; JKO; RE-4.
ENLISTMENT Details:
 Performance/Proficiency: 3.0 (2)   Behavior/Conduct: 2.0 (2)   OTA: 2.86

POST SEPARATION:

04 Sep 2018—VA Rating Decision:
“Service connection for posttraumatic stress disorder and anxiety condition is denied.”

14 Nov 2018 (2 years post discharge)—VA PhD Psychologist evaluation:

“Born and raised in Queens; 2 sisters, 1 brother. Father was verbally abusive. Brother raped pt from when she was 13 until she left home at age 18. Pt told her mother who did not believe her. Pt did not tell anyone else because her mother depended on her brother's financial help and she felt responsible for not jeopardizing the family's financial welfare. Pt did not address the ongoing abuse until two months ago when she filed a police report. Pt met her husband when she was 18 years old, they married 1/2014. They have 2 children: 5 year old daughter and 2 year old son. Husband is incarcerated until 2022. Pt is currently homeless; she and her children are staying with her husband's family.

Relevant Occupational and Educational history (pre-military, military, and post-military):
Navy 5/2015-4/2016; general under honorable discharge. Pt was stationed in Georgia and was never deployed. Pt reported she was administratively discharged because she made a false statement to the police regarding a hit-and-run. Her husband who is not a veteran was driving his vehicle on the base when he hit a pedestrian and fled the scene. Pt was at home during the hit-and-run. Husband returned home and "broke down" to the pt. He asked her to report that it was she who was driving the car for fear of deportation as he was not a US citizen. Pt complied with her husband's request and soon after it was uncovered that she had made false statements about the incident. Pt reported she was 6-months pregnant at the time and thus they opted to administratively discharge her instead of court-martial.

Pt enrolled 2 months ago as a full-time student at Queensboro Community College. She is currently not working but had held several security guard jobs since her discharge. Pt reported that the jobs usually lasted only 2-3 months because she struggled with feeling unmotivated and had difficulty getting out of bed. Pt said she was otherwise a good worker and the jobs offered to let her resume work, but she quit because she didn't want to "waste their time". Her longest held job was 9 months as a security job at homeless shelter. This job ended after her boss repeatedly instructed her to act unethically and not report behavioral incidents at the shelter, which was a part of her job duties and monitored by DHS.

Relevant Mental Health history, to include prescribed medications and family mental health (pre-military, military, and post-military):  Pt has never received formal MH treatment. During all 4 years of high monthly skill-based group therapy sessions that addressed test-taking anxiety. Pt reported at throughout high school she struggled with low motivation, difficulty focusing, feeling overwhelmed and difficulty with decision-making. It was a "crippling feeling" to not be able to tell anyone about the ongoing sexual abuse by brother. Pt agreed when examiner asked if attending this test-taking skills group for all 4 years was her way of obtaining some social support without having to disclose what was happening at home. Pt reported there have been periods of her life when she stopped brushing her teeth for months at a time. Pt described what was likely untreated post-partum depression after the birth of her second child [post separation?].  She has struggled with suicidal thoughts on and off since adolescence and dealt with them by making sure she was never alone to have any opportunity to act on the thoughts.

d.  Relevant Legal and Behavioral history (pre-military, military, and post-military):

or 2 years because of the false statement to officers

6. Remarks…

Pt currently meets DSM-5 criteria for Major Depressive Disorder, recurrent.
Examination suggests that pt has suffered from undiagnosed/untreated
depression since at least adolescence, caused by the ongoing sexual violence
perpetrated by her brother. Her depression secondary to sexual trauma is
thus a pre-existing condition. Pt's depression is more likely than not a
contributing factor to compromised decision-making/judgment in making the
false statement, which led to her military discharge.
Please note a DBQ for Post-traumatic Stress Disorder was not completed due
to the absence of Criterion A (exposure to actual or threatened death,
serious injury or sexual violence) connected to military service.

19 Jan 2019—VARD:
“1. Service connection for major depressive disorder is granted with an evaluation of 70 percent effective May 19, 2018.
2. The previous denial of service connection for posttraumatic stress disorder and anxiety condition is confirmed and continued.

SUBJECT TO COMPENSATION (1.SC)
9434	
MAJOR DEPRESSIVE DISORDER
Service Connected, Gulf War, Incurred Static Disability
70% from 05/19/2018	

NOT SERVICE CONNECTED/NOT SUBJECT TO COMPENSATION (8.NSCGulf War)

9411	
POSTTRAUMATIC STRESS DISORDER AND ANXIETY CONDITION [PTSD - Non-
Combat/Stressful Event]
Not Service Connected, Not Incurred/Caused by Service
Original Date of Denial: 09/04/2018	

28 Jul 2019—DD 293:  Charged with lying in the context of the aftermath of husband’s “hit and run” on base.  “did not do willingly…”

January 28, 2019: VA Letter…to “…We made a decision on your VA benefits.  Dear , …This letter will guide you through the information you should know and steps you may take now that VA has made a decision about your benefits.

Your Benefit Information:
c.	The previous denial of service connection for posttraumatic stress disorder and anxiety condition is confirmed and continued.  Service connection for major depressive disorder is granted with an evaluation of 70 percent effective May 19, 2018.”

COMMENT:  The Applicant would appear to have been the product of a stressful, problematic formative background including verbal abuse by her father, alleged repeated sexual abuse by her brother (including rape, from age 13 to 18   (not believed by mother due to mother’s financial dependence on perpetrator)—hence inhibiting Applicant to “report” it), mood and academic difficulties during high school (receiving repeated assistance for test taking anxiety—though graduated), struggling with suicidal ideation throughout adolescence (no attempts), early marriage and 1st pregnancy at age 18, the Applicant enlisted in the Navy and after an initial, period of apparently adequate adjustment, was, allegedly, coerced by husband to lie to protect him from the consequences of an MVA, on base resulting in injury to a sailor, for which he was responsible (eventually resulting in husband’s imprisonment (legal documentation not submitted).  Though not entirely clear, the ordeal of subsequent administrative processing for her having provided false testimony resulted in symptoms later diagnosed as an Adjustment Disorder as noted above, apparently followed by a Postpartum Depression (following discharge) and, finally, PTSD.  The sequence of events suggests some mitigation short of exculpation based upon the possibility of vulnerability to submissiveness as a consequence of her reported pre-enlistment prolonged period of repeated rape noted above.  However, this is complicated by the complicating factor the Applicant’s manifest psychiatric reaction of record appears to have been the product of having been apprehended for her false testimony.  Also, the subsequent diagnosis of Postpartum Depression appears to have occurred after discharge, such that a clear exonerating nexus to the commission of the offense resulting to her discharge cannot be established, but might be clarified by a PAH. 	

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. 

While the Board acknowledges the Applicant’s U.S. Department of Veterans Affairs (VA) disability rating, the NDRB is not bound by VA decisions, nor do VA decisions have any bearing on the decisions of the NDRB.  Decisions reached by the VA to determine if former servicemembers rate certain VA benefits do not affect previous discharge decisions made by the Department of the Navy.  The criteria used by the VA in determining whether a former servicemember is eligible for benefits are different than that used by the Navy and Marine Corps when determining a member’s discharge characterization.

The record shows the Applicant was the subject of a Civil Arrest for making a false official statement to local police leading to arrest and a delay in the apprehension of her husband.  This statement was made with the knowledge that her husband hit a human being in base housing with a vehicle and fled the scene. The Applicant made a false official statement with the intent to deceive.  The Applicant contends she was not there and should not have said anything and that her husband hit the person she did not and she should not had said anything. The Board conducted a thorough examination of all the available evidence to identify what, if any, information could reasonably demonstrate that she was wrongfully charged with committing misconduct.  At the conclusion of its review, the Board did not discern any information that supports her contention that her misconduct was never proven.  The government enjoys a presumption of regularity in the conduct of its affairs.  The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support her issue.  There is insufficient evidence in the record, nor has the Applicant produced any evidence, to support the contention that her misconduct was never proven or that the characterization of service she received was unjust.  The Applicant’s statements alone do not overcome the government’s presumption of regularity in this case.  

The Board acknowledged that the Applicant did not have to testify against her husband, but it did not accept that she was required to produce false testimony on his behalf either.  In summary, applying liberal consideration, the Board weighed the Applicant’s contention that she had a mental health condition which should mitigate her misconduct.  Upon review, the Board found an insufficient nexus between the Applicant’s mental health condition as well as found the Applicant’s mental health status did not outweigh her assigned characterization of service.  Specifically, the evidence of record did not show that her mental health was a sufficient mitigating factor to excuse the Applicant’s premediated and willful attempt to misrepresent the facts of a serious crime.  

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  UNDER HONORABLE CONDITIONS (GENERAL), the narrative reason for separation shall  MISCONDUCT (SERIOUS OFFENSE) with a corresponding separation code of JKQ, 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.  (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, go to https://www.va.gov/find-locations/?facilityType=health.