ex- AN, 

Current Discharge and Applicant’s Request

Application Received:  20231122
Characterization of Service Received:   
Narrative Reason for Discharge:   FRAUDULENT ENTRY
Authority for Discharge:   MILPERSMAN 1910-134 [FRAUDULENT ENTRY INTO NAVAL SERVICE] 

Applicant’s Request:	Characterization change to:	
Narrative Reason change to:  NONE REQUESTED
Reentry Code change to:  RE-1

Summary of Service

Prior Creditable Service:
Inactive:                 		Active:   

Period of Service Under Review:
Date of Enlistment:  20220831	Age at Enlistment:  20
Period of Enlistment:  4 Years   Extension
Date of Discharge:  20221003	Highest Rank/Rate:  AN
Length of Service:  00  Year(s)  01  Month(s)  03  Day(s)
Education Level:  12	AFQT:  41
Deployment/Operation:  

Evaluation Marks (# of occasions):  Performance/Proficiency:  NONE    Behavior/Conduct:  NONE    OTA:  NONE 
Fitness Reports:  

Awards and Decorations (per DD 214):  NONE 

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

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

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, effective 11 November 2021 until present, Article 1910-134, Separation by Reason of Defective Enlistments and Inductions - Fraudulent Entry Into the Naval Service.

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 a change her RE-code in order to reenlist in the Armed Forces.
2.	The Applicant contends her discharge was improper and inequitable.
Discussion

Date:  20240410		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 no retention warning counseling and no misconduct resulting in nonjudicial punishment or court-martial.

:  The Applicant seeks a change her RE-code in order to reenlist in the Armed Forces.

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

:  The Applicant contends her discharge was improper and inequitable.

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 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 – likely, at least an “adjustment disorder with depressed mood” or
Unspecified depressive disorder, suicidal ideation. (EPTE) 07 Sep 2022—Diagnoses of Depression, unspecified; Personal history of nonsuicidal self-harm; and Suicidal ideations appear in Active Problems record; also: Unspecified Depressive Disorder, 311 Suicidal Ideation, R45.851 Personal history of non-suicidal self-harm	
2.	A.	Were these conditions present at time of misconduct?	NA
	
	B.	Were these conditions mitigating for the misconduct?	NA	
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:	ABBREVIATIONS IN REPORT MAY INCLUDE:
AHLTA:  Armed Forces Health Longitudinal Technology Application
p: page/out of total number of pages in casefile
pp: pages/out of total number of pages in casefile

HISTORY INCLUDES:

PRIOR TO ENLISTMENT:
MEPS:

31 Aug 2022—ENLISTMENT: @ Age 20

04 Sep 2022 1302—[p114-115/117]
“20 y/o F recruit (ship 10, div 404) presents to ED for c/o SI without a plan.
States "this place is messing with my mental health. I feel like im going to
Go crazy". Also c/o blood in stool and IUD ‘poking’ her. Pt A gait, speaks in full sentences. Quiet demeanor, soft spoken, looking at floor. The patient is not a fall risk. The patient was asked, Over the past two weeks, how often have you been bothered by thoughts that you would be better off dead or of hurting yourself in some way?  Several Days”

SEP 04, 2022@13:10 [or VA PROGRESS NOTES @1810?]–
“Chief complaint: Pt is a recruit that has multiple complaints. Pt arrived to bootcamp 4 days ago. She states bootcamp is messing with her mental health.
She states she can't do this anymore. Pt states she wants to fall asleep and
not wake up. Pt denies any HI. Pt denies any plan to harm herself. She also
complains of orange vaginal discharge and LLQ pain for 1 month. She has an
IUD in place for the past year. Pt states she before boot camp she would
superfically cut her wrists with an eyebrow kit. She states her mother did
not know. No marks are scars are visible to pt arms. Pt deneis [sic] any
hospitalizatons [sic], mental health diagnosises [sic] or medications in the past. She also endorces [sic] blood on the toilet paper after a BM. She states that is from her "ulcers". She denies CP, SOB, dizziness, n/v/d, HA. Mode of arrival:
ambulatory   Fall Risk   No”

04 Sep 2022 2037@15:37 ENTRY DATE: SEP 04, 2022@15:38:09...
MH PSYCHIATRY EMERGENCY DEPARTMENT EVALUATION
REASON FOR CONSULT: Suicidal ideation
HISTORY OF PRESENT ILLNESS:
Pt is a 20-year-old female Navy recruit in week 1 day 4 of bootcamp with no
formal past psychiatric history of presenting to Captain James A. Lovell Federal Health Care Center Emergency Department with vaginal discharge complicated with suicidal ideation during work up. Patient states that she came to the ED for her vaginal discharge, but her main concern is her mother's health. Patient states  she feels "defeated," which led to her thoughts of suicide. Patient clarifies that her mother has extensive health issues (DM, HTN, leaky heart valve) which the patient typically assists with. The day prior to imitating bootcamp, her mother began to feel unwell. Patient states that her brother took the patient's mother to Florida ED and they discovered that the patient's mother was no longer taking metformin, her blood sugars were unstable, and she needed to be admitted to the hospital for a viral infection. Patient states that this was difficult for her to hear. Her feelings of "depression," anhedonia, decreased appetite, low energy, and poor concentration began the day before bootcamp and has worsened since she is unable to speak with her mother. Patient states that she has "periods of depression all my life," but never saw a psychiatrist. Patient states that she had a "suicide attempt, sort of," about 6 months ago related to her mother's health, but she "chickened out," because she loves her mother and wants to be there for her. Patient states that her attempt was in the form of using her "make up razor," unclear how, and she adds that was fleeting thought that she did not act on. Patient perseverates throughout interview that she just needs to speak to her mother, "I need to know how she is doing." She states her protective factors are her mother, family, and friends. Patient states that she…Patient endorses guilt, "I feel like let them (family) down,"
hopelessness, and worthlessness in the context of leaving bootcamp. Being part
of the military is something the patient "always wanted; I joined ROTC in
school." However, now the patient wishes to leave military go home, "I only have one mother." She denies experiencing cardinal symptoms of mania in the present or past. She denies DT/seizures/withdrawals related to her alcohol consumption prior to bootcamp. Patient admits to drinking "1 bottle of Hennessy every week," which began six months ago when she stopped smoking marijuana (daily use from 2020-2022). Patient states that she was self-medicating for her depression…She denies history of childhood trauma as well as physical, emotional, and sexual abuse. she denies any developmental delays or learning disabilities. She graduated high school and has been working for Walmart…Discharge patient to SIQ until REU follow up Tuesday at 0800.
- Based on current presentation/information, this service member may not be
fit/suitable for duty. Further information from Command and full evaluation in
REU is recommended for final disposition before return to full duty.
- Patient advised and agreeable to return to emergency room if at any time
having suicidal or homicidal ideation or worsening psychiatric symptoms.
- Patient verbalized understanding and agreed with above recommendations.
Medical Record
RESIDENT/PHYSICIAN
Signed: 09/04/2022 16:10

05 Sep 2022 1613 GMT at , Consultation by PROXY, PROVIDER [p73/117]
Title: MH PSYCHIATRY OUTPATIENT…
HISTORY OF PRESENT ILLNESS:
... She states that she has no intentions to act on these thoughts if she can go home…acute stressors of her mother's health decline and being in bootcamp, it is likely that she is experiencing adjustment disorder with depressed mood. She denies active SI/HI/AVH.
Patient came to the ED for SI with plan to hang herself. Patient stated that her
mood worsened once she returned to base. Patient states she thought about
hurting herself on base and earlier thought about hanging herself with her
shoelaces while waiting in the ED. Patient stated she cannot handle being on
base anymore. Patient was unable to articulate a safety plan and stated "I just
want to go home". Patient stated she will hurt herself if she has to go back to
base. Patient denies HI/AVH, symptoms and history of mania. Patient was agreeable to inpatient psychiatric hospitalization to prevent self harm.
PAST PSYCHIATRIC HISTORY:
The patient denies any past psychiatric history. Patient denies history of
previous psychiatric hospitalizations or a history of suicide attempts.
DRUG AND ALCOHOL HISTORY:
- Alcohol: Reports to drinking 1 Litter of cognac a week before bootcamp arrival
- Tobacco: denies
- Recreational drugs: daily marijuana use before bootcamp
SOCIAL HISTORY:
Patient is from Florida where she lived with her mother. Patient previously
worked at Walmart. Patient plans to return to Florida once she leaves the NAVY.
Patient denies history of childhood trauma as well as physical, emotional, and sexual abuse. She denies any developmental delays or learning disabilities. He [sic] graduated high school  Psychiatry does not have open beds…- She does not require a sitter at this time as patient is not currently
experiencing SI and feels safe in the hospital…”

09/05/2022 11:19—
MDM: 20-year-old female presenting with worsening thoughts of suicidal ideation and plan to harm herself. Case discussed with neuropsychiatric resident on duty. The patient will require acute inpatient psychiatric hospitalization.
The patient is medically cleared for acute inpatient psychiatric hospitalization
Impression and Plan Diagnosis: suicidal ideations Condition: stable Disposition: Admit…
1. DIAGNOSIS
Adjustment Disorder with Depressed Mood…
Psychiatric admit…
NAME AND ADDRESS OF ACCEPTING FACILITY
Lutheran General Hospital…”

07 Sep 2022 1139 CDT—PsyD Note:
1. Pertinent History: SR presented to the REU through Medical for follow-up after being discharged from Lutheran General Hospital’s inpatient psychiatric unit due to suicidal ideation. She complained of feeling increasingly depressed with thoughts of intentionally harming and killing herself. She also revealed an undisclosed history of having depressive episodes since eighteen-years-of-age and having suicidal ideation and engaging in selfharm since nineteen-years-of-age. Her history and presentation suggests an Unspecified Depressive Disorder…
3. Summary: Based on the member’s reported history and current complaints, she is not likely to perform well in training and in Naval service. Her prognosis is poor. SR is presently in immense distress and has been transferred to
the separation ship.”

07 Sep 2022—“Diagnoses of Depression, unspecified; Personal history of nonsuicidal self-harm; and Suicidal ideations appear in Active Problems record…
Diagnostic Impressions:
F32.9 Unspecified Depressive Disorder, 311
V62.84 Suicidal Ideation, R45.851
Z91.52 Personal history of non-suicidal self-harm”

26 Sep 2022 1335 CDT RECRUIT MENTAL HEALTH Psychoeducational Program:
“SR engaged in a discussion about separations process, coping skills, and transitioning home. SR reported that they  are overthinking and can’t get out of their own head. SR went over having a conversation with their family and the stressors of back home are getting to them. SR and staff went over how they are dealing with over thinking, SR was active throughout the meeting and identified personally relevant coping skills. SR denied any other current, significant mental health related concerns. SR was briefed on services available while in Ship 5 and SR expressed understanding. SR noted interest in continued utilization of PEP services, and was advised to follow-up in REU and/or PEP as needed.”

03 Oct 2022—DISCHARGE: [FRAUDULENT ENTRY INTO NAVAL SERVICE] 

POST SEPARATION:

No evidence of need or desire for mental health related medical attention.
Positive testimonial evidence.

Minister’s undated character reference included:  “Not long after going to boot camp …[the Applicant’s] mother…was hospitalized for well over a week…Boot camp was …[the Applicant’s] first time being away from [home]…she opted to come home…”

COMMENT:

The Applicant would appear to have suffered an acute, depressive reaction to a confluence of significant stressors precipitated by being informed by her father of the acute hospitalization of her mother (due to poorly controlled diabetes and a later surgically corrected cardiac valve defect) as she was, literally, boarding  the bus to ‘boot camp (also, the Applicant’s first trip away from home).’  This occurred in the context of having lost her valued “Step Dad” due to an accident 4 months earlier.  The situation was, further, complicated by the Applicant’s naïve expectation she would be able to maintain telephone access to monitor her “mom’s” situation while in recruit training—which did not materialize resulting in a sense of desperation over the following few days, culminating in an emergency clinic visit for suicidal ideation.  A resulting 5-7 Sep 2022 brief psychiatric hospitalization in a civilian facility (Lutheran General Hospital) at Week 1 Day 4 (record not available) of RTC and subsequent USN medical follow-up resulted in diagnoses including, “Unspecified depressive disorder, suicidal ideation. (EPTE)” which, ultimately, resulted in her separation. During that process, beginning at about 07 Sep 2022, Diagnoses of “Depression, unspecified” and “adjustment disorder with depressed mood” appeared with apparently no need for psychotropic medication.  However, her Service Treatment Record made isolated references to a “Personal history of nonsuicidal self-harm…Suicidal ideations” and “Pt states…before boot camp she would superficially cut her wrists with an eyebrow kit” and had experienced "periods of depression all my life."  These were subsequently vigorously denied but would appear to have resulted in the DD FORM 214 Narrative Reason for Separation listing of “Fraudulent Enlistment,” and “RE-4” Reenlistment Code.  The Applicant’s PAH testimony convincingly confessed to having acknowledged the false history when undergoing diagnostic interviews motivated by a desperate attempt to reunite with her mother at that point, adding, “I would have admitted to anything.”  Moreover, since separation, she testified she has neither sought, nor been referred for any type of mental health related evaluation or been in receipt of any mental health related treatment.  Accordingly, given the absence of misconduct and noting her entry level separation was likely due to an acute crisis on the occasion of her ‘first trip away from home’ followed by a rapid and uneventful recovery suggesting a diagnosis in the Acute Adjustment Disorder spectrum, consideration of a discharge ‘upgrade’ including removal of the “Fraudulent Enlistment” designation is recommended, as noted elsewhere as a matter of fairness and equity, in the spirit of Kurta-Wilkie guidance.	

A member may be separated on the basis of Failed Medical/Physical Procurement Standards During Entry Level Status.  The Characterization of Service is generally Uncharacterized for the Narrative Reason for separation of Failed Medical and Physical Procurement Standards.
 
The Applicant was discharged from the Navy for mental health issues stemming from family stressors that were ongoing as she departed for boot camp.  Medical documentation noted a history and presentation of Unspecified Depressive Disorder and suicidal ideations.  Given what appeared to be a self-disclosure of pre-service mental health conditions while in psychiatric care, the Applicant was separated for a fraudulent enlistment.  The Board was challenged to accept this narrative given the Applicant’s testimony and documentation available for review.  The Board found no indication the Applicant deliberately misrepresented her medical condition during the enlistment process or concealed facts that would have reasonably been expected to preclude, postpone, or otherwise affect her eligibility for enlistment or induction.  

Based on the Applicant’s condition at the time of separation, the NDRB determined the Applicant met the requirements for separation for Failed Medical/Physical Procurement Standards.  An Uncharacterized discharge is warranted when separation is initiated while a member is within the first 180 days of continuous active duty except when the characterization of service as Under Other Than Honorable Conditions (UOTHC) is authorized or Honorable is clearly warranted.  The Applicant had no misconduct that would rate an UOTHC discharge, and there was insufficient evidence of unusual circumstances involving personal conduct and performance that would merit an Honorable characterization.  Since the Applicant served less than 180 days on active duty the Board found the characterization of service proper and equitable.  Note with respect to non-service related administrative matters, i.e., Department of Veteran Affairs (DVA) benefits, civilian employment, etc., an uncharacterized separation shall be considered as the equivalent of an honorable or general, under honorable conditions characterization.

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  UNCHARACTERIZED, the narrative reason for separation shall  FAILED MEDICAL/PHYSICAL PROCUREMENT STANDARDS with a corresponding separation code of JFW, and the reentry code shall  RE-8.  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.