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Docket No. ND03-00356

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

 ex-AT3, USNR(TAR)
Docket No. ND03-00356

Applicant’s Request

The application for discharge review was received on 20021231.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record discharge review.  The Applicant did not list any representative on the DD Form 293.

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: GENERAL (UNDER HONORABLE CONDITIONS/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620225.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“I was hospitalized just before I was discharged in 1997.  While hospitalized at Eisenhower hosp. at Ft. ?, GA I was diagnosed with borderline Personality Disorder.  When I returned to my home base in Atlanta I was discharged.  I did not ask to be discharged and I broke no rules.”
Prior to being discharged I had several incidents that led up to my hospitalization.  The first was when I was in my A-school in Millington, TN; I was in aviation electronic technician school.  I was being sexually hassled by a classmate, PO. M_, and I finally turned him in.  He was disciplined, but I was looked at in an unfavorably way the rest of the time there because of this.
The next incident was in my B-school for Radar Communication Systems at Oceana, VA.  I had a classmate that I befriended.  He started stalking me.  He would call constantly.  He would leave me letters on my car.  He would tell me how he wanted to kill himself.  He also would leave me messages in the sand outside my hotel room we were in hotels because the barracks were being remodeled.  Then one day I came to class & I pulled the teacher aside and he was removed from class & I never saw him again.  I don’t remember his name, but it could be looked up form my class roster.  I was there over X-mas of 1995-96.
The last incident was before I was hospitalized.  It was by my supervisor P.O. M_ or D_.  He was flirting with me the whole time I was there at NAS Atlanta but it became inappropriate.  I turned him in to my senior chief B_, but somehow everyone found out.  All the other men hated me & talked behind my back.  I finally tried to kill myself which lead to my hospitalization.  I believe I should have an honorable discharge because I was discharged with no fault of my own.  I am currently in a PTSD program, receiving treatment for my problems.”

Documentation

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

Three pages from Applicant’s medical record, dated August 19, 2002

PART II - SUMMARY OF SERVICE

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

	Inactive: None
	Active:   None

Period of Service Under Review:

Date of Enlistment:  940502		Date of Discharge:  970214

Length of Service (years, months, days):

	Active:    02  06  13
	Inactive:  None

Age at Entry:  21			Years Contracted:  8

Education Level:  12			AFQT:  84

Highest Rate:  AT3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.80 (1)	Behavior:  4.00 (1)		OTA:  3.80

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority:  NAVMILPERSMAN, Article 3620225.

Chronological Listing of Significant Service Events:

940802:	Applicant ordered to active duty.

960809	CAC Report:  Applicant was referred due to DUI.  Applicant found not dependent, recommended Level I.

970204:	Applicant diagnosed with Axis I: Adjustment disorder with depressed mood, Axis II: Borderline personality disorder, Axis III: Right arm laceration, healing.  Status post carbon monoxide poisoning, stable.  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.

970211:	Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of 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.

970211:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

970211:	Commanding Officer directed discharge with a general (under honorable conditions) by reason of 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970214 with a characterization of general (under honorable conditions) 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).  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 and equitable (C and D).

Issue 1:  The NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted.  Even though the Applicant feels that sexual harassment was a contributing factor, she was diagnosed by qualified medical officers as possessing a disorder of character and behavior of such severity as to interfere with serving adequately in the Navy.  She was considered a continuing risk to do harm to herself or others.  Additionally, her service record is marred by a DUI.  The Applicant's DD Form 214, indicates she was separated with a characterization of general (under honorable) conditions for a Personality Disorder.  No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged.  To change the characterization or  Narrative Reason for 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 Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge.  Evidence of continuing educational pursuits, a positive employment record, and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted.   

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 14, effective 
03 Oct 1996 until 11 Dec 97, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER.

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 “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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