ex- LCpl, 

Current Discharge and Applicant’s Request

Application Received: 20230830	
Characterization of Service Received:   
Narrative Reason for Discharge:   MISCONDUCT (DRUG ABUSE)
Authority for Discharge:   MARCORSEPMAN 6210.5 [DRUGS] 

Applicant’s Request:	Characterization change to:	
Narrative Reason change to: REQUESTED BUT NOT SPECIFIED
Reentry Code change to: REQUESTED, BUT NOT SPECIFIED

Summary of Service
Prior Creditable Service:
Inactive:	 	            	Active:	 

Period of Service Under Review:
Date of Enlistment:  20160725	Age at Enlistment:   (Parental Consent)
Period of Enlistment:   Years   Extension
Date of Discharge:  20200929	Highest Rank/Rate:  Cpl
Length of Service:  04  Year(s)  02  Month(s)  05  Day(s)
Education Level:  12	AFQT:  66
Deployment/Operation: 

Evaluation Marks (# of occasions):  Proficiency: 4.2 (11)   Conduct: 4.2 (11)  

Awards and Decorations (per DD 214):	Rifle  GCM NDSM GWOTSM SSDR CoA 

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

SCM:    SPCM:    CIVIL ARREST:   CC:   

NJP:  1

- 20200511:	Article 112a (Wrongful use, possession, manufacture or introduction of controlled substance) 
	Awarded: FOP    Suspended:   [Suspension vacated on 20200902.]

Retention Warning Counseling:  4

- 20190918:	For violation of Article 92x2.

- 20191213:	For violation of Article 92.

- 20200521:	For violation of Article 112a.

-Undated:	For second violation of Article 112a

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.  The Marine Corps Separation and Retirement Manual, (MCO 1900.16 CH 2), effective 15 February 2019 until present, Paragraph 6210.5, MISCONDUCT.

B.  Secretary of the Navy Manual 5420.1 of 29 September 2020 (Standards for the execution of the Naval Discharge Review Board).

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

Applicant’s Issues

1.	The Applicant contends that he had a mental health condition that mitigates his misconduct.

Discussion

Date:  20231102		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 112a (Wrongful use, possession, manufacture or introduction of controlled substance) 

:  The Applicant contends that he had a mental health condition that mitigates his misconduct.

The NDRB reviews the propriety and equity of an Applicant’s discharge individually, on a case-by-case basis.  If such a review reveals an impropriety or inequity, relief is in order.  Regulations permit relief on equitable grounds if the Applicant’s discharge is inconsistent with standards of discipline of the Naval Service.  

Because the Applicant claimed mental health was a factor in their discharge, the Board reviewed the Applicant’s case in accordance with 10 U.S.C. § 1553, and pursuant to the Kurta Memo and other applicable regulations and guidance, including the Wilkie Memo.  Under the Kurta Memo, “[m]ental health conditions, including PTSD; sexual assault; and sexual harassment inherently affect one’s behaviors and choices causing veterans to think and behave differently than might otherwise be expected.”  Although, “[l]iberal consideration does not mandate an upgrade, [r]elief may be appropriate … for minor misconduct commonly associated with mental health conditions … and some significant misconduct sufficiently justified or outweighed by the facts and circumstances.”  Additionally, “substance seeking behavior and efforts to self-medicate symptoms of a mental health condition may warrant consideration.”  However, “[p]remeditated misconduct is not generally excused by mental health conditions, including PTSD; TBI; or by a sexual assault or sexual harassment experience.”  Therefore, “Review Boards will exercise caution in assessing the causal relationship between asserted conditions or experiences and premeditated misconduct.” See USD (P&R) Memo, “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment” 25 August 2017 (“Kurta Memo”).

The review of discharges pursuant to the Kurta Memo and its other applicable regulations/guidance generally involves four questions: a) Did the veteran have a condition or experience that may excuse or mitigate the discharge; b) Did that condition exist/experience occur during military service; c) Does that condition or experience actually excuse or mitigate the discharge; and d) Does that condition or experience outweigh the discharge?  

In this case, the Board found that: a) the Applicant did have a condition/experience that may excuse or mitigate the discharge; b) the condition existed during military service; c) the condition/experience mitigated the underlying basis/misconduct for the discharge; and d) the condition/experience outweighed the Applicant’s assigned Discharge Characterization.  

MEDICAL BOARD MEMBER OPINION
1.	Does the available record reasonably support a DSM mental/ behavioral health condition, PTSD, TBI, or Sexual Trauma/Abuse/IPV existed at the time of the Applicant’s military service?	Yes
Adjustment disorder with depressed mood, Alcohol Use Disorder, Major Depressive Disorder, Single Episode,  (with transient suggestion of possible early-prodromal transient hypomanic manifestation of Bipolar II (USMC)
  Bipolar II Disorder diagnosed about 7 months post discharge (CIV).
However, this diagnosis not clearly defined, nor is it mentioned in limited VA disability record which, only, refers to Major Depressive Disorder (VA)	
2.	A.	Were these conditions present at time of misconduct?	Yes, noting Bipolar II Disorder not formally diagnosed until 7 months post discharge	
	B.	Were these conditions mitigating for the misconduct?	Yes, particularly for Adjustment disorder with depressed mood, Alcohol Use Disorder, Major Depressive Disorder 	
3.	Were all required mental health and/or medical evaluations conducted in accordance with regulations, prior to the administrative separation of the applicant?	 Yes, presumably	
4.	Medical Board Member comments:	PRIOR TO ENLISTMENT HISTORY:
 
24 Dec 1998—Date of Birth.

From 09 July 2020 AHLTA (Armed Forces Health Longitudinal Technology Application) Note:  “DEVELOPMENTAL/SOCIAL HISTORY:…primarily…born and raised in southern Boston with significant crime...father worked for Hospital housekeeping and Mother works as CNA…   older sister works at court house and younger sister works at law office. Reports doing well in school – A_ B student . Was active in sports in HS – played football…Prior to enlisted in US Marines in 2016 –he worked for Best Buy for 2 yrs .Patient denies ever being physically, sexually or emotionally abused. Highest level of education achieved is: High School graduate. Patient…never married , [sic] no children .”

Age 8: “He reports that his sister attempted suicide…but she is now ‘fine ‘.”

Per a “SESSION 7/7/2020 ; Tele- Appt [Note]…prior to [joining] the Marines – he ‘was at one time pulled over by a supervisor and told to check for ADHD – because he was often told that he does not listen or pay attention to detail.’”

25 Jul 2016—ENLISTMENT: @ Age 17 

DIAGNOSIS HISTORY includes:

May 2019: Reported breakup of previous 2-year relationship (see below).

08 Jul 2019—…”Relationship  Issues…Pt reports no significant other…”
“PTSD SCREENER 0”
Adjustment disorder with depressed mood 

“HISTORY OF PRESENT ILLNESS: …dated 7/17[?]/19 .
Pt is a 20 yo single, African American…Active Duty US Marine/Cpl with no past psychiatric history hx – who reports gradual worsening of his mood in the last 1-5 yrs [if not a ‘typo,’ could suggest a Prior to Service component] – esp when he was posted in for the last 2 yrs .[sic] He PCS[‘d] to Fort Myer in 5/2019 and was referred by his PCM to AOBH / FBCH. He seen by ______ LCSW on 7/18/19 and referred for Psychiatric Evaluation. He states that he avoided Behavioral Health follow up in Okinawa because he felt that his Command discouraged seeking mental health help and he also saw others being kicked out instead. He states he did more field work and was dumped [on?] more because he was a top performer. He reports that he feels that he has been functioning in a shut down mode – not happy for a long time. Feels restless with decrease in concentration and focus. Currently doing more office work – but feels that he is leaving incomplete and has to get up every few hours . Since 10/2018 – was taking online college classes – but has noted drop in grades . States he has been often asked – Are you Ok .He reports classic depressive symptoms: anhedonia, fatigue, low mood, low libido, problems  concentrating and accomplishing tasks, social isolation, negative thoughts, and sleep problems. He reports difficulty falling asleep – getting only 4-5 hrs of sleep . Reports poor response to Melatonin. He reports lack of motivation as well as lack of interest in things he enjoyed – like video games, fixing games as well as working on cars. He also reports experiencing emotional meltdowns. States he has frends [sic] here but he is very isolative. He wants to be left alone even though feels lonely. He also reports breakup of his 2 yr relationship in 5/2019 – which was long distance. He does admit to experiencing passive suicidal ideation – just does not want to face the world. But adamantly denies any intent or plan for suicide. He denies any hx of Manic s/s. He denies any A/ V Hallucinations/ no delusions. He states that he is motivated for treatment. He denies any current Alcohol abuse.
From BHDP ; 7/17/19 ; PHQ 9- 20 , GAD 7- 13, 4QPTSD- 0, AUDIT C-7, C SSRS S-3.”

15 Aug 2019—Note: “Pt reports that he has had a mixed experience on Welbutrin He wrote down – Good Changes – mind feels less bogged, more energy , slightly better focus, able to fall asleep faster, more comfortable around people, less suicidal thoughts / Bad changes – more irritable , more angry , more on edge – anxious , harder to make eye contact , feel empty…
no longer feeling despondent or hopeless…motivated for treatment – IOP – He had discussed with…LCSW – therapist . [sic] Shall extend Light Duty – for 30 days. He reports his Command being supportive…” 

28 Aug 2019—NH OKINAWA:  Adjustment Disorder With Depressed Mood.
  
25 Nov 2019—Date of Report of 1-2 Nov 2019 “psycho diagnostic screening” including:  “…reports no current suicidal Ideation… He reported no previous mental health treatment and no family mental health history… he reported experiencing rapid mood swings [p. 297/481]. He noted that one moment he would be happy and the next moment angry. Sometimes his anger was triggered and other times there was no trigger. He noted that…he did not show his anger, but rather he would hold it in…His symptoms DO NOT MEET CRITERIA for ADHD…Although subjective experience suggests that he may have attentional problems…adamantly denies…suicide. He denies any hx of Manic s/s…planning to return home to NH – for school – Automotive or Cyber security? …morefocused [sic] on his ETS on 7/24/2020…”

08 Jan 2020—AHLTA Note:  “Hazardous drinking possible, see full AUDIT when available…ANXIETY 13--Minor anxiety symptoms reported
4QPTSD PTSD SCREENER 3 PTSD possible, see PCL. Evaluation indicated PCL-5  PTSD 17—None-Low PTSD symptoms reported…AUDIT-C ALCOHOL SCREENER [showed]  Hazardous drinking possible, see full AUDIT when available…AUDIT ALCOHOL 14  Harmful…Hazardous Alcohol Consumption likely”
 
(Per DD FORM 293 Application p.11/481)
“March 13. 2020: Mr. ____and friend are pulled over on base for suspicion of marijuana use due to an odor coming from the vehicle…marijuana is found in their possession, but because of the suspicion of marijuana use, Mr. … tested for any prohibited substance the result of which comes back a positive for marijuana… (the ‘First Incident’).”

01 May 2020—AHLTA Note:  MAJOR DEPRESSIVE DISORDER, SINGLE EPISODE.

10 Jun 2020—Health Record Entry:  Only used Marijuana once.

07 Jul 2020—“Tele- Appt… States prior to joined the Marines – he
was at one time pulled over by a supervisor and told to check for ADHD – because he was often told that he does not listen or pay attention to detail…  
Pt was initially seen on 7/17/19- dx with Major Depresison and start anti-depressant- Welbutrin /Trazadone.

 09 Jul 2020—ADULT OUTPATIENT BEHAVIORAL HEALTH – CONFIDENTIAL CLINICAL NOTE Fort Belvoir Community Hospital FOLLOW UP [signed by “Adult Psychiatrist, DBH Dewitt ACH, Fort Belvoir, VA) @ 09 Jul 2020 1714 EDT [included]:”
     “High Risk List?: [ ] YES [ x ] NO…20 y/o…[ x ] Tele -Follow Up
     CC/Background: The patient reports the following problems/difficulties: Difficulty staying concentrating, low interest in activities, difficulty finishing a task, trouble falling and staying asleep, never ending negative thoughts, overthinking, trouble with appetite, irritability, avoid emotional difficulties by pushing myself away…
 
PSYCHIATRIC ROS:
Service Member reports the following self-reported items on screening before appointment:
Date	
Scale	
Category	
Curren t Score	
Score Description	

1/23/2020	
BASIS-24	
GENERAL DISTRESS	
1.23	
Low to Moderate level of general distress reported	

1/8/2020	
PHQ2	
DEPRESSIO N SCREENER	
2	
Depressive Syndrome Unlikely	

9/25/2019	
PHQ9	
DEPRESSIO N	
20	
Severe depressive symptoms reported. Evaluation indicated.	

1/8/2020	
GAD2	
ANXIETY SCREENER	
2	
Anxiety Syndrome Unlikely	

9/25/2019	
GAD7	
ANXIETY	
13	
Minor anxiety symptoms reported	

1/8/2020	
4QPTSD	
PTSD SCREENER	
3	
PTSD possible, see PCL. Evaluation indicated	

1/8/2020	
PCL-5	
PTSD	
17	
None-Low PTSD symptoms reported	

Harmful or Hazardous Alcohol Consumption likely

Medical Retention Determination Point (MRDP):…
check one) Recommendation: …X [checked for]  CONTINUE SERVICE AT FULL DUTY - Patient is currently on FULL DUTY and meets the retention standards for fitness and suitability for continued military service at this time.”

“July-August 2020: Mr. _______ is tested as part of an annual drug test. The results of this test come back as positive for marijuana u e (the "second lncident').8”   (Per DD FORM 293 APPLICATION, p.11/481)

26 Aug 2020—positive urinalysis test received by the command… 

29 Sep 2020—DISCHARGE: UOTH/MISCONDUCT DRUG ABUSE
ENLISTMENT Details:  Performance/Proficiency: 4.2 (NFIR)   Behavior/Conduct: 4.2 (NFIR)  
 
POST SEPARATION:

April-July 2021 (7-10 months post discharge]: “Mr. _______ diagnosed with Bipolar II disorder ("Bi-polar") by counseling psychologist…PhD…describes the disorder…being "characterized by mood swing in the form of depression and hypomania, which can manifest in behavior such a depressed mood, loss of motivation, problem  sleeping, fatigue, problems concentrating, distractibility, agitation, erratic behavior, and impulsivity. During this time, Dr. _____ ordered Mr. …to be evaluated by Dr.  ____ that occurred on June 6 and July 7, which confirmed Dr. ________'s initial diagnosis of Bi-Polar. Additionally, Mr. ___is prescribed medication to treat his bipolar disorder by hi psychiatrist, Dr. ________.” 

08 Nov 2021 (~—VA ELIGIBILITY VERIFICATION DATA, SCREEN <11>…:
9434-MAJOR DEPRESSIVE DISORDER (0% SC)

05 Jul 2023—DD293 APPLICATION:  
[X] Other Mental Health
(Per DD FORM 293 APPLICATION, p.11/481)
“Present: Mr.  ________ graduated from Western Governors  University  with a degree in Cybersecurity and Information Assurance and intend [sic] to pursue a master’s degree in this field. In addition to his academic success, Mr. … serve  as Chief Technology Officer on a part-time basis  for a  start-up company…where he assists businesses with developing their cyber security programs…in addition to his  full-time job as a System  Administrator for Gryphon…. Further, Mr…. has been completely sober since leaving the military while also regularly seeing a psychologist and taking prescription medication for his bipolar disorder.”

COMMENT: 
The product of a relatively benign formative setting (with the exception of a sister who reportedly made a suicide attempt when he was about 7 years old), including a military family tradition, the Applicant developed an early inspiration to enlist in the USMC including participation at the High School level and enlisting at age 17 with parental consent.  He went on to achieve a respectable pro/con record even through having suffered from persistent depressive symptoms beginning in 2019, which was variably diagnosed as an Adjustment Disorder and, later Depressive Disorder.  His Service Treatment Record makes repeated references to denial of “s/s” of Bipolar II Disorder (BPIID) though an isolated November 2019 health record entry makes reference to “rapid mood swings” suggesting a possible bipolar II component.  However, a post discharge VA Disability record makes no mention of BPIID or, for that matter, PTSD but, rather, limits its focus to the Depressive Disorder spectrum which was, also, dominant during the Applicant’s active service.  Accordingly, taken in the context of the previously mentioned impressive Service Record, combined with his, also, impressive post discharge achievements supports a nexus between his mental health conditions and the isolated misconduct leading to his UOTH discharge and positive consideration of an upgrade.	

Certain serious offenses warrant separation from the Naval Service to maintain proper order and discipline.  Violation of Article 112a is one such offense requiring mandatory processing for administrative separation regardless of grade or time in service.  This usually results in an unfavorable characterization of discharge or, at a maximum, a punitive discharge and possible confinement if adjudicated and awarded as part of a sentence by a special or general court-martial.  However, here, the command did not pursue a punitive discharge but opted instead for the more lenient administrative discharge.

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 Board found the Applicant’s service generally meets the standard of acceptable conduct and performance for naval personnel.   In making its determination, the Board considered the Applicant’s overall capacity to serve; his entire military performance and conduct; his mental health diagnosis; the nexus between his drug use and his mental/emotional stability; and the severity of his conduct in relation to his discharge characterization.  The Applicant actually served nearly two months beyond his four year enlistment (a part of his Pretrial Agreement), maintained Proficiency and Conduct marks of 4.2 and 4.2 across eleven reports, and was awarded a Certificate of Appreciation, a Sea Service Deployment Ribbon, the Global War on Terrorism and National Defense Service Medals, and a Good Conduct Medal.  The Board particularly considered that the Applicant’s diagnosis with Bipolar II Disorder within a year of discharge indicated the prevalence of his mental health with regard to his misconduct which was likely a result of the disease, not willful misconduct.  His diagnosis with Bipolar Disorder called into question his ability to understand the difference between right and wrong.  His severe mental health condition compromised his ability to maintain standards.  Thus, weighing (using the scales of liberal consideration) the Applicant’s overall performance and conduct against the standards for characterization of service, the Board held that the Applicant’s mental health issues exonerated the willfulness/failure to comply with military discipline and thus a change in the characterization of service to Honorable was appropriate.  

Decision

After a thorough review of the available evidence, to include the Applicant’s issues, summary of service,  record entries, and discharge process, the Board found .  Therefore, the awarded characterization of service shall  HONORABLE, the narrative reason for separation shall  SECRETARIAL AUTHORITY with a corresponding separation code of JFF1, and the reentry code shall  RE-3P.  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, go to https://www.va.gov/find-locations/?facilityType=health.