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Docket No. ND03-00350

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

 ex-MSSA, USN
Docket No. ND03-00350

Applicant’s Request

The application for discharge review was received on 20021227.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance hearing before the board in the Washington National Capital Region.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20031205.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain:  UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“To whom it may concern: I E_ H_ (Applicant) am writing to have my military release / discharge records changed. The character of service that I was discharged with is Under Honorable Conditions. The narrative reason for separation is Other Physical/Mental Condition- Personality Disorder.  I am seeking an upgrade of my discharge to Honorable and also seeking removal of the reason for separation (box #28 on DD 214).  The reason for separation is inaccurate and may be an opinion of an individual, and is not a medical diagnosis.  The problem I believed started when my grandmother died and had requested leave for her funeral.  I was denied leave.  I had aggressively pleaded and disputed with my superior chief.  From that day forward I believe I may have been singled out for extra duties and no time off.  My chief asked if I would like to take an early out- which I agreed with, not knowing that after the fact I would be separated with a personality disorder.  Upon separation I was not furnished with separation papers or my DD 214.  (I have enclosed letters to document) My DD 214 was being held for the false reason that I had left the ship with my ID card and medical and dental records.  I did not leave with those records and wrote my congressman to receive my DD 214.  (all documents/letters enclosed) I only recently have been affected by this adverse narrative and discharge because I am seeking employment with my local police department.  I feel that the narrative reason for separation is damaging and excludes myself from employment which I desperately need to support myself and my family.  Since leaving the Navy I have graduated from a private university, married, and very much have a fulfilling life.  I am not looking for any type of benefit from the military, all I am seeking is a correction of the reason for separation (box #28 on DD 214) and a discharge upgrade so I can attain employment and support my family and move forward with my life.  Thank you very much for your time. Sincerely, E_ H_ (Applicant)”

Documentation

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

Letter to Applicant, dated May 4, 1993 (2)
Letter to Applicant from Member of Congress, dated May 24, 1993 (2)
Letter to Applicant from Member of Congress, dated July 12, 1993 (2)
Letter to Member of Congress, from Special Assistant, Congressional Liaison Officer, dated July 6, 1993 (2)
Applicant’s DD Form 214 (2)
Degree of Bachelor of Arts, dated June 16, 2001
Letter from City of Fairlawn, Chief of Police, Applicant’s uncle
Character reference, undated
Licensed social worker certificate, dated March 16, 2001
Character reference, dated February 4, 2003
Job reference, dated January 29, 2003
Character reference, dated February 6, 2003
Letter from Applicant, undated
Performance information evaluation, dated January 31, 1992
Enlisted check-in sheet, dated June 13, 1992
Working schedule, dated June 10, 1992
Overseas screening suitability
NAVGRAM dated January 29, 1992
New construction screening, dated January 27, 1992
Application for Uniformed Services Identification Card, dated February 9, 1993
Honored Member card, dated October 17, 1992
Plank owner card
Newspaper article

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	910415 - 910909	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  910910		Date of Discharge:  930409

Length of Service (years, months, days):

	Active:    01  07  00
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  67

Highest Rate:  MSSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.60 (1)	Behavior:  3.40 (1)		OTA:  3.40

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority:  NAVMILPERSMAN, Article 3620200.

Chronological Listing of Significant Service Events:

921116:	NJP for violation of UCMJ, Article 86: Unauthorized absence; violation of UCMJ, Article 117: Provoking speeches or gestures.
	Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 30 days, reduction to MSSR.  Reduction suspended fro 6 months.  No indication of appeal in the record.

930331:	Applicant diagnosed with Axis I: 1 Occupational problems, 2 Alcohol abuse in remission pr history, Axis II: Personality disorder NOS with narcissistic, antisocial features, EPTE, unsuitable for USN.  The psychiatrist recommended separation based on a personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service.  Applicant was considered self-destructive and a continuing risk of harm to self or others.

930409:	DD Form 214: Applicant discharged under honorable conditions (general) by reason of convenience of the government on the basis of a personality disorder in accordance with NAVMILPERSMAN, Article 3620200.

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930409 under honorable conditions (general) for convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).

Issue 1:  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the Applicant’s enlistment.  While he may feel that his grandmother’s death was a contributing factor, it does not mitigate the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service.  His service record is marred by award of non-judicial punishment (NJP).  The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls short of that required for an honorable characterization of service.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable.   Furthermore, the documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder.  The Applicant was diagnosed with a personality disorder by a competent medical authority on 19930331.  The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable.  To change the Narrative Reason Separation would be inappropriate.  Relief denied.

There is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Verifiable proof of any post-service accomplishments must be provided in order for the After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was found not to mitigate his behavior while on active duty.  Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 5 Mar 93 until  21 Jul 94, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT

B.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 5 Mar 93 until  21 Jul 94, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT ON THE BASIS OF PERSONALITY DISORDER

C.  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.  

D.  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.

E.  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 “afls14.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.
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