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Docket No. ND01-00686

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

 ex-TMSR, USN
Docket No. ND01-00686

Applicant’s Request

The application for discharge review, received 010417, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region.  The applicant listed American Legion as the representative on the DD Form 293.

Decision

A personal appearance discharge review hearing was conducted in Washington, D.C. on 020415.  After a thorough review of the testimony, records, supporting documents, facts and circumstances unique to this case, NDRB discerned no impropriety but did discern an inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall change.  The discharge shall change to: UNDER HONORABLE CONDITIONS (GENERAL)/ Misconduct – commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.	This former member proffers that a diagnosed personality disorder and PTSD sufficiently mitigated her misconduct of record to warrant separation under honorable conditions.

2.	This former member further opines that her post-service conduct has been sufficiently credible to warrant the Board’s clemency relief as authorized under SECNAVINST 5420.174C, enclosure (1), paragraphs 9.3.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214
        Character reference (2x)
        B.S., Personnel and Industrial Relations, Norfolk State University
        Achievement Award, Virginia School of Technology
       Certificate from AAA Driver Improvement Program
       Norfolk, VA Police Record Check
       Verification of employment with Chesapeake Public Schools
        Volunteer service verification from YMCA

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   USN			None
	Inactive: USNR		861205 - 870908	ELS
	Inactive: USNR		880220 - 880417	Hon

Period of Service Under Review:

Date of Enlistment:  880418		Date of Discharge:  890919

Length of Service (years, months, days):

	Active:    01  05  02
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 

Education Level:  12			AFQT:  57

Highest Rate:  TMSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.40 (2)	Behavior:  3.50 (2)		OTA:  3.40

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  27 

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

890320:	Applicant diagnosed as suffering from a Narcissistic Personality Disorder and PTSD and strongly recommended for discharge from the Navy.
  
890424:	Retention Warning:  Advised of deficiency (Having been diagnosed by competent medical personnel as having DX-1 Narcissistic Personality Disorder and DX-2-PTSD), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued 
	discharge warning.

890609:	NJP for violation of UCMJ, Article 86: UA 890508-890604 (27days/S); violation of UCMJ Article 87: Missed ship's movement.
	Award:  Restriction and extra duty for 30 days, reduction to E-1.  No indication of appeal in the record.

890615:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and personality disorder.

890627:  	Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

890703:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and personality disorder.

890905:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

931014:	NDRB documentary record review Docket Number ND92-01441 conducted.  Determination:  discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 890919 under other than honorable conditions for misconduct due to commission of a serious offense (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but not equitable (C and D).

Issue 1. The Board found that the applicant’s age, education level, and test scores qualified her for enlistment.  While she may feel that her diagnosed personality disorder was a factor that contributed to her actions, the record clearly reflects her willful disregard for the requirements of military discipline and demonstrated that she was unfit for further service.  The record is devoid of evidence that the applicant was not responsible for her conduct or that she should not be held accountable for her actions. Involuntary separation for misconduct takes precedence over discharge for medical reasons.  Relief denied.

Issue 2.  The applicant states that her post-service conduct has been sufficiently creditable to warrant an upgrade to her discharge characterization.  The Board determined that although the applicant’s discharge was determined to be proper and equitable at the time of discharge the applicant’s post-service accomplishments demonstrate that she is a person of good character and conduct and deserving of partial relief.  The Board determined the discharge shall change to under Honorable conditions (General).

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A), Change 8, effective 
21 Aug 89 until 14 Aug 91, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive before submitting such a complaint.  The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at "afls10.jag.af.mil".

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6730/A9323/A9222/A9217