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Docket No. ND06-00151

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

FOR OFFICIAL USE ONLY

 ex-AA, USN
Docket No. ND06-00151

Applicant’s Request

The application for discharge review was received on 20051103.  The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060825.  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) by reason of misconduct due to commission of a serious offense.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

No issues were submitted by the Applicant.

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20040221 - 20040907	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20040908		Date of Discharge:  20050331

Length of Service (years, months, days):

	Active:    00  06  24
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18

Years Contracted:  4 (12-month extension)

Education Level:  12				AFQT:  73

Highest Rate:  AA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NA*			Behavior:  2.0 (1)		OTA:  2.00

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal

* Not Applicable

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  MILPERSMAN, Article 1910-142 (formerly 3630605).

Chronological Listing of Significant Service Events: 

050202:	Medical evaluation by J. V. J_, Commanding Officer, Naval Hospital, Pensacola, FL:
	AXIS II: Personality disorder not otherwise specified with borderline, histrionic, and passive-aggressive features.
	Assessment:  The clinical opinion is that Applicant is not considered mentally ill, but manifests a long standing disorder of character and behavior that is 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.
	Plan: Applicant will be monitored by the Mental Health Clinic and re-evaluated in 30 days.
	Recommendation: Routine administrative separation.

050204:	Retention Warning:  Advised of deficiency (Diagnosed by medical authorities as having a personality disorder, not otherwise specified, with borderline, histrionic and passive-aggressive features.  Potential for future active naval service to the United States Navy is considered inadequate.  This condition is interfering with the performance of duties by appointments at sick call, and missing school.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

050303:	NJP for violation of UCMJ, Article 86:  (Unauthorized absence - less than 24 hours).
Violation of UCMJ, Article 91: (Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer).
Violation of UCMJ, Article 92: (Failure to obey order or regulation).
Violation of UCMJ, Article 134: (Public record: altering, concealing, removing, mutilating, obliterating, or destroying).
Date of Offenses:  05JAN28 and 05FEB03.
	Award:  Forfeiture of $692.00 per month for 2 months, restriction and extra duty for 30 days.  (1 month forfeiture suspended for 6 months).  No indication of appeal in the record.

050318:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government - personality disorder and misconduct - commission of a serious offense.

050318:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

050318:	Applicant found fit for separation.

050325:	Commanding Officer, Naval Air Technical Training Center, Pensacola, FL directed Applicant’s discharge with a general (under honorable conditions) by reason of misconduct due to commission of a serious offense

050331:	Commanding Officer, Naval Air Technical Training Center, Pensacola, FL notified Commander Naval Personnel Command that he has directed the Applicant’s discharge.  
Reason for processing: by reason of convenience of the government - personality disorder and misconduct due to commission of a serious offense as evidenced by Commanding Officer’s nonjudicial punishment of 3 March 2005 for violation of Article 91 of the Uniform Code of Military Justice (UCMJ) (1 specification of insubordinate conduct), violation of Article 92, UCMJ (1 specification of orders violations), and violation of Article 134, UCMJ (1 specification of destroying a public record).  Commanding Officer’s comments:  “AA C_(Applicant) received nonjudicial punishment for unauthorized absence, insubordinate conduct toward a First Class Petty Officer, failure to obey rules and regulations, and destroying a public record.  She was diagnosed by medical authorities as having a personality disorder, not otherwise specified, with borderline, histrionic and passive-aggressive features, which is virtually untreatable in a military facility.  She received a Page 13 counseling and warning on 4 February 2005 advising her of her problems and where to go to seek counseling.  She was again seen by medical authorities on 2 March 2005, and her condition had not changed.  She has become an administrative burden to this command with deteriorating performance, conduct, reliability, and judgment.  Medical authorities strongly recommend administrative separation.  In my opinion, she has no potential for future useful naval service; therefore, I have directed that she be separated from the naval service with the type of discharge warranted by service record by reason of misconduct.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050331 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of general (under honorable conditions).  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).  

The Applicant introduced no decisional issues for consideration by the Board.

When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  A general discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record.  The Applicant’s service was marred by 1 retention warning and 1 nonjudicial punishment proceeding for violations of UCMJ  Articles 86 (Unauthorized absence – less than 24 hours), 91 (Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer), 92 (Failure to obey order or regulation), and 134 (Public record: altering, concealing, removing, mutilating, obliterating, or destroying).  The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy and falls far short of that required for an upgrade of her characterization of service.  Relief is not warranted.

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 documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge.  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), re-issued October 2002, effective 22 Aug 02 until 25 April 2005, Article 1910-142 [formerly 3630605], SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

B.  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 91 (insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer),  Article 92 (failure to obey order or regulation), and Article 134 (public record: altering, concealing, removing, mutilating, obliterating, or destroying).

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “http://Boards.law.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:

		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