ex- DCFN, 

Current Discharge and Applicant’s Request

Application Received: 20230629
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:	 

Period of Service Under Review:
Date of Enlistment:  20090923	Age at Enlistment:  
Period of Enlistment:   Years   Extension
Date of Discharge:  20130709	Highest Rank/Rate:  DCFN
Length of Service:  03  Year(s)  09  Month(s)  17  Day(s)
Education Level:  12	AFQT:  57
Deployment/Operation: 

Evaluation Marks (# of occasions):  Performance/Proficiency: 2.4 (3)   Behavior/Conduct: 2.4 (3)   OTA: 2.7 

Awards and Decorations (per DD 214):	Pistol  NDSM GWOTSM SSDR(x4) 

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

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

NJP:  1

- 20130418:	Article 89 (Disrespect toward superior commissioned officer) 
	Article 92 (Failure to obey order, regulation)
	Awarded:    Suspended:  

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

     “MILPERSMAN 1910-142”

The NDRB will recommend to Commander, Navy Personnel Command that the DD 214 be corrected as appropriate.

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).

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 89, 92.  

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

Applicant’s Issues

1.	The Applicant attributes his disregard for authority and the military system because of his mental health and contends it mitigates his misconduct.
2.	BOARD ISSUE – Board Issue for a change to the Narrative Reason for Discharge.
Discussion

Date:  20240117		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 89 (Disrespect toward superior commissioned officer) 
Article 92 (Failure to obey order, regulation)

:  The Applicant attributes his disregard for authority and the military system because of his mental health and contends it 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,
Depression, NOS (USN)
F33.1 Major depressive disorder, recurrent, moderate & Depression with anxiety features (VA)

2.	A.	Were these conditions present at time of misconduct?	Yes, as conditions within the Depressive Affective Spectrum and likely related to rekindling of his affective and behavioral response to prolonged childhood sexual abuse.	
	B.	Were these conditions mitigating for the misconduct?	Yes	
3.	Were all required mental health and/or medical evaluations conducted in accordance with regulations, prior to the administrative separation of the applicant?	Likely, but full exam not located.	
4.	Medical Board Member comments:	REQUEST ISSUES INCLUDE:

#21.:  “Other Mental Health”

HISTORY INCLUDES:

PRIOR TO ENLISTMENT:
Family history
Family medical history MOM AND MATERNAL GF HAVE BIPOLAR DISORDER. DAD ALCOHOLISM AND ANGER ISSUES

FAMILY PSYCHIA'l'RIC HISTORY: His grandfather (paternal side) was alcoholic and is now sober…aunt and both grandfathcrs, and aunt were diagnosed with Bipolor Disorder…his mom has been depressed. SM
added that both grandfathcrs…and uncle also had anger Issues.

MENTAL HEALTH HISTORY:
    “When he was younger he was molested by his mother's youngest sister for many years. Veteran also reported grooming behavior by step-father making statements that every male friend was a boyfriend, "putting fingers in wrong places", licked ear...etc. When he made him stopped "turned to my younger brother…”
    “PRESENTING PROBLEM/CHIEF COMPLAINT:
Veteran reports major depression which he stated started at 16/17 year old. He
described depression as a lot of negative self-thinking which ‘would send me
into a spiral for days’ which included SI…Veteran reported thoughts of SI on and off since 16/17 years old and was in and out of juvenile attention. Veteran stated that he masked everything with anger.”

PSYCHIATRIC HISTORY: SM stated that when he was in middle and high school he saw counselors and
therapists to help him work on his anger,. He also was court ordered to attend anger management when
he was 16 years old,

Education Level:   12

MEPS:  
     AFQT:   57
    “7.b. USUAL OCCUPATION:  Student, College”

23 Sep 2009—ENLISTMENT: @ Age 19

EARLY 2011—“Saw Nimitz Mental Health in early 2011”

Jul 2010-Jul2011 MP 3.43 (O.48) “Fireman _____ is a reliable worker and is given the most demanding tasks and…produces exceptional results.  He is an integral part of DC Division and a key player in his work center.”

Jul 2011-Jul 2012 Prog 2.67 (o.59)

27 Apr 2012—[p48/127] HM2______, USN AD Psychiatric Technician…“Mental Health, Medical Department, 
INTRODUCTION: This 21 year old, married male AD/USN/E-3/DC rating assigned to the Engineering Department with approximately 2 years and 7 months of continuous active duty Naval service was referred for evaluation and treatment of stress and possible anger issues. He was apprised as to the
limits of confidentiality; the current assessment is not command-directed. His medical record and mental Medical Record…Page 46
health clinic questionnaire were reviewed prior to commencing the interview. The remainder of the history was obtained from the patient, who is considered to be a reliable historian… 
HISTORY OF PRESENT ILLNESS: SM self referred himself to Mental Health for feeling stress and having anger problems. SM stated that he was seen by Nimitz Mental Health in 2011 for having the same problems. SM felt that he was hearing the same things that he had heard before and was given coping skills that he has tried and had not worked. Since then he has been trying to cope with his anger and feels like at times he is able to do so, but the past several months he has noticed that his anger is becoming more of a problems where he is lashing out at others to the point that he has threatened them. He admits that he is aware of what triggers his anger but at times “little things” that has no affect towards him can also affect him, where he becomes very angry. He reported that when he is able to calm himself down he self awareness and regret his actions. At which time he becomes depressed and feels guilty. Currently patient stated that gets approx. 4 hours of broken sleep and his mind constantly races before he
is able to go to sleep. He has also decreased to having one meal a day and in the past 3 months he lost 6 pounds. SM also reported that he has had thoughts of SI and can usually occur 1-2 times a week. But does not act on his thoughts because “I don’t like to fail.” SM had a specific plan of hanging himself. Patient also added that before he has thoughts of SI his “teeth tingle like if you smelt leather.” SM described that when he smells leather his teeth tingle. 
PSYCHIATRIC HISTORY: SM stated that when he was in middle and high school he saw counselors and therapists to help him work on his anger,. He also was court ordered to attend anger management when he was 16 years old, and saw Nimitz Mental Health in early 2011.

“Chief complaint
The Chief Complaint is: SM SELF REFERRED HIMSELF TO MENTAL HEALTH FOR ANGER PROBLEMS.
History of present illness
The Patient is a 21 year old male.
He reported: Anxiety with persistent worry, with anticipation of misfortune to self or others, with fear of losing self-control, high
irritability, hypersensitivity being quick to take offense, emotional lability, depression, initial insomnia, middle-night awakening,
feeling helpless, unable to control anger, feeling guilty, being upset by problems at home or work, racing thoughts, being aggressive,
exploitative, domineering, turbulent and damaging interpersonal relationships, marital problems, and problems with one's peer
group.
A/P Written by… @ 27 Apr 2012 1339 PDT
1. visit for: administrative purpose
Comments:
Disposition Written by AGUILAR, JASON @ 27 Apr 2012 1340 PDT
Released Without Limitations

PSYCHIATRIC DIAGNOSIS OR CONDITION DEFERRED ON AXIS I (799.9)
Encounter Date Clinic Clinician Facility
29 Apr 2012 Theater Clinic Theater Provider Theater Facility

08 May 2012— …, LT, MSC, USN USS Nimitz Ship’s Psychologist:
“Mental Health, Medical Department, 
S: This 21 year old, single male AD/USN/E-3/DCFN assigned to the ENG Department DC Division RTC for treatment of anger management and depressive symptoms. Upon interview today the patient disclosed further symptoms more consistent with depression. He reported depressed mood most of the day more days than not, anhedonia, SI at least twice per week and feelings of hopelessness. He denied SI today. The SM had difficulty explaining exact onset but he described at length a long family hx of BAD.
He stated he was interested in getting medication treatment. Referral was made to see FP for this.
MENTAL STATUS EXAM: The patient presented as an alert, oriented, and cooperative male in the uniform of the day. Eye contact
was normal. Speech was not pressured and volume was of normal range. The pt was logical in his speech. Memory appeared intact. Mood was reported as depressed. His affect appeared depressed today. Thought processes were logical, linear, and goaldirected and there was no evidence whatsoever of a psychotic process. Thought content was devoid of suicidal and homicidal
ideation, and thematic for the issues delineated above. Insight and judgment were fair, and impulse control was fair. The patient reported no spiritual or dietary needs. He denied being in pain.

DIAGNOSTIC IMPRESSION:
AXIS I: Depression NOS 311
AXIS II: deferred 799.9; rule out Antisocial PD
AXIS III: See medical record
AXIS IV: hx of anger management issues
…
AXIS V: GAF= 65…
Psychologically Fit for Full Duty.”

12 May 2012— Health Record Entry:

“History of present illness
The Patient is a 21 year old male.
He reported: Encounter Background Information: PATIENT REPORTS ANGER SINCE CHILDHOOD, AND DEPRESSIVE
SYMPTOMS "BECAUSE OF THE ANGER." HE DID SEE SHIP'S PSYCH ABOUT ONE YEAR AGO, AND WAS ADVISED TO GO TO ANGER MANAGEMENT. HE HAS LEARNED COPING MECHANISMS. HE HAS TALKED TO ECCLESIASTICAL LEADERS AS WELL. HASN'T MET WITH SHIP'S CHAPLAIN. HE HAS HAD COUNSELING CHITS IN THE PAST. REPORTS HIS AVERAGE MOOD IS "RESTLESS, RACING THOUGHTS AT NIGHT," AND DURING THE DAYTIME HE STARTS OUT OPTIMISTIC, THEN HE FEELS "DOWN IN THE DUMPS" THE REST OF THE DAY. CHILDHOOD WAS TOUGH, HE HAD ANGER ISSUES AND WAS IN JUVENILE DETENTION FOR A TIME FOR VIOLENCE.
SIGECAPS: SLEEP: BROKEN, WAKES UP Q 1-2 HOURS; INTEREST: HAS FRIENDS, AND HE DOES GO OUT, HOWEVER HE DOES BECOME QUITE RECLUSIVE. MOST RECENT DAY OFF HE SPENT 19 HOURS IN BED. GUILT: FEELS BAD ABOUT BEING ANGRY. CONCENTRATION ABILITY: "NEVER GREAT." HE CAN COMPLETE SIMPLE TASKS, BUT
BECOMES DISTRACTED. APPETITE: DECREASED. HE ONLY EATS ONE MEAL A DAY. GYM ATTENDANCE IS WAY DOWN AS WELL. PSYCHOMOTOR AGITATION: BITES HIS NAILS. SUICIDAL THOUGHTS: FLEETING THOUGHTS, NO INTENTS TO KILL HIMSELF.
DENIES HALLUCINATIONS; NO MANIA 
1. DEPRESSION
Comments: WILL START ON ZOLOFT 50MG X 7 DAYS, THEN INCREASE TO 100MG DAILY. F/U 2-3 WEEKS FOR MED
CHECK. DISCUSSED WHAT TO DO IN EVENT OF CRISIS MODE: CALL 911, GO TO ER, COME TO MEDICAL, OR CALL CoC
OR A FRIEND. HE UNDERSTANDS AND AGREES WITH THE PLAN. FIT FOR FULL DUTY

18 Jun 2013—PX: 
A/P Written by …@ 19 Jun 2013 0757 AST
1. visit for: military services physical separation(OTHER EXAMINATION DEFINED POPULATION)
Comments: 22 y/o male presents to medical for completion of separation paperwork. Patient w/o any current medical problems. No physical exam required.
Dx: Completion of separation paperwork.
Paperwork completed and given to SM. SM was discharged in good condition.

Service Treatment Record—NO PTSD

18 Jun 2013—SEPARATION PHYSICAL EXAMINATION  

09 Jul 2013—DISCHARGE:  GUHC/MISCONDUCT (SERIOUS OFFENSE)/
Performance/Proficiency: 2.4 (3)   Behavior/Conduct: 2.4 (3)   OTA: 2.7
 
POST SEPARATION:

  SUMMARY STATEMENT:  
“POST-SVC as civil servant
BLM Range Technician (Wild-land Firefighter)
DOI Interagency Hotshot Crew (3 yrs)
Forest Svc Senior Firefighter
Full Time Student: Pursuing BS in Kinesiology; plans for Doctorate of Phys Therapy
Jun 2022 – suicide attempt; subsequently sought MHC through the VA
Nov 2022-May 2023 – volunteered with Mariposa Prescribed Burn Cooperative

02 May 2022 (almost 9 years post discharge)—EFFECTIVE DATE (unless otherwise stated) Of the following VA disability determinations:
“9434-MAJOR DEPRESSIVE DISORDER(70% SC)…

6260-TINNITUS(10% SC) – 29 Apr 2022…
5271-LIMITED MOTION OF ANKLE(10% SC) RL – (APR 29,2022)
5260-LIMITED FLEXION OF KNEE(10% SC) RL - APR 29,2022 
-& MAY 2,2022
5252-LIMITED FLEXION OF THIGH(10% SC) RL
5251-LIMITED EXTENSION OF THIGH(0% SC) RL
5253-THIGH CONDITION(0% SC) “

23 May 2022—(from 22 Jun 2022 VA Note):  “whenever he has most any
type of negative thought such as shame, anger, hurt. While he has never had
a suicide attempt or taken steps towards suicide, that changed on May 23rd
when he called the Veteran's Crisis Line reporting that he had put a belt
around his neck. He is clear in his description of that event today that this was not a suicide attempt per se, but was an effort to experiment with what it would feel like… Getting to that point frightened him and he reached out to the VCL and accepted a referral to mental health and is thus being evaluated today in the Bridge Clinic. He reports that he wants treatment/wants help… He reports the onset of his emotional struggles to his time in the Navy. He says he was "talked to like I was an object... told I was never going to amount to anything... I didn't deserve anything outside of the military and says he internalized those negative statements. He has since struggled greatly with self-esteem."
…PMH:   Grade 5 AC joint separation sustained in snowboarding accident, s/p surgery in January Social History:  Reports being victim of childhood sexual abuse. H/o Juvenile detention for death threats. Served in US Navy from 9/23/09-7/9/13. Honorable discharge.  Worked as wildland firefighter until one year ago when decided to go back to school and is currently at Lane Community College in Eugene, OR. Engaged to woman that will be taking a faculty position at the University of California at Merced in 2 months and he plans to move with her to California at that time.”

25 Aug 2022—[p12/43] MH LVN VA Video Connect Note
STANDARD TITLE: MENTAL HEALTH TELEHEALTH NOTE:
“Depression Screening [by MSW, LCSW]:
Perform PHQ-2
A PHQ-2 screen was performed. The score was 2 which is a negative
screen for depression…
A PTSD screening test (PC-PTSD-5) was negative (score=1)…

STANDARD TITLE: MENTAL HEALTH INITIAL EVALUATION NOTE

PRESENTING PROBLEM/CHIEF COMPLAINT:
Veteran reports major depression which he stated started at 16/17 year old. He
described depression as a lot of negative self-thinking which "would send me
into a spiral for days" which included SI and an attempt via choking himself
with a belt around his neck. Veteran reported he called the VA the next day and
started treatment. "I tie my happiness into other people and sad about that when
things are not perfect." Veteran reported that he told providers about SI while active duty… was …medicated but felt dismissed. He even stated concern that he was carrying a gun. Veteran stated that not only was it dismissed but he was disciplined and berated the rest of his service "Nobody would help." Veteran stated that this led to drug use to cope. Veteran stated that in 2020 it was consistent and having a lot of negative internal thoughts.
Veteran stated that he uses working out to help with this but this past year he
was unable to use this coping skill due to a shoulder injury. Veteran reported
thoughts of SI on and off since 16/17 years old and was in and out of juvenile attention. Veteran stated that he masked everything with anger.

MENTAL HEALTH HISTORY (past dx, past meds, past hospitalization, hx of
suicidal/homicidal ideation/act including when/how, hx of assaultive behavior,
previous response to tx):
He was receiving individual therapy and medication management mirtazapine 15 mg for the past month. He and his partner were in couples therapy for the past month to help with communication issues and his sexually issues. History of PTSD dx on 7/21/14 and Depression 5/8/12 while active duty per JLV…

PAST HISTORY OF ABUSE: [] physical, [] emotional, [X] sexual, [] none,
comments:
When he was younger he was molested by his mother's youngest sister for many years. Veteran also reported grooming behavior by step-father making statements that every male friend was a boyfriend, "putting fingers in wrong places", licked ear...etc. When he made him stopped "turned to my younger brother…

FAMILY MEDICAL/MENTAL HEALTH HISTORY (include psychiatric, suicide attempts/completions, chemical dependency, and medical history):
Medical:  paternal grandfather-bipolar maternal grandfather-multi hospitalizations for mental health 4 aunts on mother side are on heavy psychiatric medication and thinks it is bipolar but is unsure
mother same father impulsive anger disorder but received treatment and is able to mange anger.
Father side heavy alcohol use"

28 Nov 2023—VA /es/…MD,MPH PSYCHIATRIST Note:

“RELEVANT HISTORY
Mr. … is a 33 yo male US Navy veteran.He reports joining the Navy after High school .He experienced recurrence of Depressive episodes throughout the first 1-1.5 years of his service with the Navy including recurrence of suicidal ideation with intention. He feels the navy did not take him seriusly and attended few sessions of Psychotherapy.
Following his discharge from th Navy in 2013 ,he continued to struggle with Depression and did not seek treatment.  In June of 2022,he had a plan to accomplish suicide by attaching a Noose to his door knob and reportdly lost concious and wake up the next day, thankful that he did not die and sought treatment at the Oregon VA Where he began treatment with the Antidepressant Mirtazapine and also received individual Psychotherapy. He relocated from Oregon to Mariposa ,California in August of 2022 and received ongoing individual psychotherapy with …, Ph.D. He feels that Mirtazapine is losing some of its beneficial effects and wanted to consider the 30 mg dose.  His parents are alive and he keeps in touch with his father who is 55 yo … His parents divorced when he was 2 yo. Hs mother received ongoing treatment for Depression, [likewise for]…his 2 siblings, who are currently stable without taking medications.  He is currently attending school full time,he is in his 2nd of 4 years of College studying Physical therapy with the goals of obtaining a Doctorate degree in Physical therapy and Kinesiology.  He has known his finacee for 4 years and were planning on getting officially engaged, however Covid-19 pandemic delayed that plan. He lives with his fiancee, has no children…

DIAGNOSES:
Depression with anxiety features , sleep difficulties and
Labs…”

30 Aug 2023—VA OTHER NOTE:   “… Following his discharge from th Navy in 2013 ,he continued to struggle with
Depression and did not seek treatment…

DEPRESSION IN 2 SIBLINGS ALSO ASSESSMENT
Mr.Higgins is a 33 yo male US Navy veteran who has been treated since June of 2022 for Depression at the Oregon VA with Mirtazapine 15 mg at bedtime.He has noticed beneficial effects of Mirtazapine on improving sleep,decreasing anxiety and improving his sleep without adverse effects. He has relocated from Oregon to…including patient information protected by federal and state privacy laws." Disclaimer: "The information contained in this document may contain privileged and confidential information Controlled Unclassified Information (CUI) Page 23 of 43 Mariposa ,California in August of 2022 and receives ongoing individual psychotherapy with Dr. …Ph.D. He felt that Mirtazapine is losing some of its beneficial effects and it was increased tothe 30 mg dose in November of 2022,and he responded well to its beneficial effects on improving sleep and minimizing depresion and anxiety without adverse effects.He reports that his currently working part time in a restaurant and attending school fulltime in Merced studying Kinesiology .Reports good rapport and communications with his Fiance. Reports no homicidal or suicidal ideation or intentions or plans. He agreed to have his next psychiatric follow-up in about 3 months for assessment of his treatment response and his progress.
30 Aug 2023  MD,MPH PSYCHIATRIST
Signed: 08/30/2023  [p26/43]
Diagnosis Code Diagnosis…Major depressive disorder, recurrent, moderate.”

COMMENT:  

The Applicant presents with a strong family history of psychiatric illness, a formative background of parental divorce, anger management issues and depression, likely incident to being the continual  victim of sexual abuse over a 7 year period (~age 7-14 by his maternal aunt followed by a stepfather), behavioral issues leading to court ordered anger management therapy at age 16.  Despite the foregoing, the Applicant developed an intense interest in a firefighter career for which he began college level courses after high school graduation until concluding over the following year or so the Navy offered a more secure path (partly motivated by the example of his USMC father). After a relatively emotionally quiescent, productive first year, the Applicant suffered an     ankle sprain, which transiently interrupted his stride. This appears to have revived the incompletely resolved depression (including suicidal ideation) and prior to enlistment behavioral issues.  Repeated mental health related evaluations noted depression for which psychopharmacological antidepressant treatment was reportedly unsuccessful, adding to the Applicant’s feeling he was not taken seriously.  Post discharge, he eventually pursued psychiatric help, developed a committed romantic relationship (lives with his fiancée), and developed a very productive career in forest fire management.  His PAH testimony had a compelling quality.  There would appear to be a nexus between  his misconduct and a mixture of depressive-affective disorder spectrum conditions and prior to enlistment trauma including incomplete resolution of anger issues incident thereto, which was initially triggered by his ankle injury.   	

The Applicant was found guilty on 18 April 2013 at NJP for violations of Articles 89 and 92 of the UCMJ, though details of the offenses were not found in the record.  When asked, the Applicant could not recall what dereliction of duty resulted in the violation of Article 92, but speculated that the Article 89 stemmed from him being accused of smirking during an earlier Captain’s Mast that was completely absent from his service record.

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 totality of the Applicant’s service both his misconduct and also his overall service, to include an Overall Trade Average of 2.7 as well as awarding of four Sea Service Deployment Ribbons earned over 3 years, 1 month, and 6 days at sea, and the National Defense Global War on Terrorism Service Medals.  The Board took note of the role played by the Applicant’s declining mental health issues stemming from his in-service diagnosis with depression, as well as his family psychiatric history.  While his inability to handle life stressors was not an excuse for misconduct, the Board recognized a level of mitigation from his mental health issues and the Board also considered that separation for Commission of a Serious Offense and Pattern of Misconduct was overly harsh and inequitable given the relatively minor nature of the offenses during the 3 years, 9 months, and 17 days he served of his four-year obligation.  

In review of the Applicant’s misconduct the NDRB identified the repetitive nature of his commissions, but did not observe acts that rose to the level of significant misconduct.  The Board viewed the Applicant’s misconduct as disciplinary infractions that compromise the rank and structure of a military organization, but none that jeopardized the reputation of the Navy, endangered the lives of others or compromised the integrity of the Applicant.  While the record of evidence does reflect disciplinary issues that required corrective action and punishment, the acts do not merit an enduring General discharge.  In review of the issues raised by the Applicant and in context of his complete record of service, the Board determined an upgrade was warranted.  Relief granted.

Issue 2:  Board issue for a change to the Narrative Reason for Discharge.

The Board found a change to the Narrative Reason for Separation to Misconduct due to Minor Infractions was authorized and warranted.  The NDRB has broad authority to review Department of the Navy discharges.  In accordance with SECNAVMAN 5420.1, ¶ 214 (Review on Motion of the NDRB) the NDRB may initiate a Discharge Review even without an Applicant’s request up until the discharge date exceeds 15 years.  The NDRB reviews the propriety and equity of an Applicant’s discharge individually, on a case-by-case basis, and if such a review reveals an impropriety or inequity, relief is in order.  Further, the NDRB does not require an applicant to make an express or implied contention; specifically, under ¶ 211 (Applications) an “applicant is encouraged, but not required, to identify an issue or issues as pertaining to the propriety or the equity of the discharge.” Thus, under ¶ 212 (Procedural Rights of the Applicant) the NDRB will consider that a request for review from an applicant who does not have an Honorable Discharge will be treated as a request for a change to an Honorable Discharge.  Similarly, an applicant may request a specific change in the narrative reason for separation.  If an applicant does not request a specific change in the reason for discharge, the Board will presume that the request for review does not involve a request for change in the reason for discharge.  However, this presumption does not waive “the NDRB’s responsibility to examine the propriety and equity of an applicant’s discharge, the NDRB will change the reason for discharge if such a change is warranted.”  Although highlighting the NDRB’s authority to review and change the narrative reason for discharge, the Board noted that “an applicant may not receive a less favorable discharge than that issued at the time of separation.” ¶ 207 (Objective of Review). 

Consequently, the Board held that it is authorized to make a change to the narrative reason for discharge; reasserted (without necessarily repeating in this section) all the reasons stated above for warranting a change to the characterization of service, and summarized the following considerations concerning the change to the narrative reason for discharge.  Specifically, the Board held that the narrative reason for separation should be Misconduct (due to Minor Infractions) rather than the more severe Commission of a Serious Offense.  Again reasserting all the reasons stated above that supported the Board’s decision to warrant a change to the characterization of service, and in accordance with the principles of liberal consideration, the Board held that mitigation should also be given to the narrative reason for discharge.  In other words, the Board found that because the Applicant’s health conditions mitigated the maliciousness/willful nature of the misconduct enough to warrant an upgrade to the characterization of service then it also rationally applied to the narrative reason for which the Applicant was discharged.  In essence, the Board found that the underlying narrative reason for the Applicant’s discharge is not misconduct, but the Applicant’s inability for continued naval service.  Therefore, stating in the simplest of terms, the Board held the Applicant’s overall service should be deemed Honorable with a narrative reason for discharge of Misconduct (Minor Infractions), as also reflected in the accompanying Separation Code.

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  MISCONDUCT (MINOR INFRACTIONS) with a corresponding separation code of JKN, and the reentry code shall  RE-4.  The Applicant is not eligible for further reviews by the NDRB.  The Applicant may petition the Board for Correction of Naval Records, 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490 for further review using DD Form 149.  

ADDENDUM:  Information for the Applicant

Additional NDRB Reviews: After receiving a NDRB Document Review, an Applicant remains eligible for a Personal Appearance/Telephonic Hearing if the application is received by the NDRB within 15 years of the Applicant’s date of discharge.  The Applicant can provide documentation to support any claim(s) related to their discharge as well as evidence of post-service accomplishments.  Representation at a personal appearance hearing by an Attorney (or Advocate) is recommended but not required.  There are veterans organizations such as the American Legion and the Disabled American Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade.  However, if you have been discharged for more than 15 years, already had a personal appearance hearing, or otherwise exhausted your opportunity to be heard by the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490, or http://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx for further review.

Appeal Procedures on NDRB Decision: If you contest the NDRB’s decision in your case AND you already contested the NDRB’s previous decision at a Personal Appearance Hearing or otherwise exhausted your opportunity before the NDRB (or it has been more than 15 years since your discharge), the Applicant may petition the Board for Correction of Naval Records (BCNR), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490, or http://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx for further review.  The BCNR is the highest level of administrative review within the Department of the Navy/Marine Corps to correct errors or injustices to member’s records.

Complaint Procedures on Format: If you believe the decision in your case is ambiguous, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction to the Joint Service Review Activity (JSRA), OUSD (P&R) PI-LP, The Pentagon, Washington, DC  20301-4000.  You should read Enclosure (5) of the DoD Instruction 1332.28 before submitting such a complaint.  This complaint procedure does not permit a challenge on the merits of the NDRB’s decision; the JSRA is designed solely to ensure that the NDRB decisional documents meet applicable requirements for clarity and responsiveness.  Therefore, if you are contesting the merits of the NDRB’s decision and already had a NDRB personal appearance hearing or otherwise exhausted your opportunities before the NDRB, the Applicant may appeal/petition the Board for Correction of Naval Records (BCNR), 701 South Courthouse Road, Suite 1001, Arlington, VA 22204-2490, or http://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx for further review.

Service [VA] Benefits: The U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB.  The NDRB has no authority to upgrade a discharge for the sole purpose of facilitating access to VA benefits.  Regulations limit the NDRB’s review solely to a determination of the propriety, equity, and clemency of a discharge.  Consequently, the Applicant should petition the VA, which determines eligibility for post-service benefits.  The VA conducts its own determination of eligibility based on service records and input from an Applicant upon their request.  (See www.va.gov/discharge-upgrade-instructions).  Therefore, if the NDRB grants a change to a discharge, the NDRB will notify the Commander, Navy Personnel Command or Commandant of the Marine Corps that the DD 214 be corrected as appropriate; however, it is the Applicant’s responsibility to ensure these changes are incorporated into the record by the respective Service Headquarters.  Further, it is the Applicant’s sole responsibility to submit these changes to the VA for a determination of eligibility for VA Benefits.  Finally, the Applicant should refer to the Veterans Administration website (https://www.va.gov/) for information regarding VA benefits and healthcare.  Additionally, Veterans in acute suicidal crisis can go to any VA or non-VA health care facility for emergency health care at no cost – including inpatient or crisis residential care for up to 30 days and outpatient care for up to 90 days.  Veterans do not need to be enrolled in the VA system to use this benefit.  In order to find the nearest VA office to receive assistance with determining VA eligibility/access, the Applicant should refer to https://www.va.gov/find-locations. 

Employment/Educational Opportunities: The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.

Reenlistment/RE-code: The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.  An unfavorable “RE-CODE” is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

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

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

Post-Traumatic Stress Disorder and/or Traumatic Brain Injury: For all claims involving PTSD and/or TBI, the NDRB’s review implemented the guidance set forth in the SECDEF Memorandum of 3 September 2014 (Supplemental guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder).  In accordance with U.S. Code, Title X, Section 1553 (d)(1) & (d)(2), the NDRB included a member who is a physician, clinical psychologist, or psychiatrist and accorded the case sufficient priority to achieve an expedited resolution and a final decision.  If the Applicant’s claim of PTSD/TBI was based in whole or in part on sexual trauma, intimate partner violence, or spousal abuse, the NDRB obtained a review by a psychiatrist, psychologist, or social worker with training on mental health issues associated with PTSD/TBI or other trauma.  

Post-Service Conduct: The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered during Board reviews.  Documentation to support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance at or completion of higher education (official transcripts); and documentation of a drug-free lifestyle.   The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate that in-service misconduct was an aberration and not indicative of the member’s overall character.

Issues Concerning Bad-Conduct Discharges (BCD): Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief.  With respect to a discharge adjudged by a special court-martial, the action of the NDRB is restricted to upgrades based on clemency.  Clemency is an act of leniency that reduces the severity of the punishment imposed.  The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

Board Membership: The names and votes of the members of the NDRB Board are recorded on the original of this document and may be obtained from the service records by writing to: Secretary of the Navy Council of Review Boards, Attn: Naval Discharge Review Board, 720 Kennon Street SE Rm 309, Washington Navy Yard DC  20374-5023.

Military Sexual Trauma: The Department of Veterans Affairs (VA) uses the term "military sexual trauma" (MST) to refer to experiences of sexual assault or repeated, threatening sexual harassment experienced while on federal active duty, active duty for training, or inactive duty training.  To get confidential one-on-one help please contact the MST Coordinator at your nearest VA Medical Center or Call Safe Helpline at 1-877-995-5247 or visit www.mentalhealth.va.gov/msthome.asp.

Reporting Military Sexual Trauma: To report a military sexual trauma, you can make an anonymous report to the Naval Criminal Investigative Service (NCIS) by Text or Online.  The NCIS Tip Line provides service members, veterans and civilians a safe, discreet and ANONYMOUS option to report criminal and force protection threats within the USN and USMC without concerns of retaliation.  To report a crime by Text: Text 274637 (CRIMES); Type “NCIS” at the top of the message; and include as much detail as possible to ensure your tip can effectively be investigated.  To send your ANONYMOUS Tip via the online, go to https://www.tipsubmit.com/webtipsNAV.aspx?AgencyID=840.

Suicide Prevention: Veterans in emotional crisis or their loved ones can call the free and confidential Veterans Crisis Line at 1-800-273-8255 (then press 1); or chat online at http://www.veteranscrisisline.net, or send a text message to 838255 to connect with a caring, qualified Veteran Affairs Responder who can deal with any immediate crisis.  Additionally, Veterans in acute suicidal crisis can go to any VA or non-VA health care facility for emergency health care at no cost; you can use this benefit regardless of your discharge status, or enrollment in VA health care.  In order to find the nearest VA office to receive assistance, go to https://www.va.gov/find-locations/?facilityType=health.