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NAVY | DRB | 1999_Navy | ND99-00174
Original file (ND99-00174.rtf) Auto-classification: Denied


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

ex-MS3, USN
Docket No. ND99-00174

Applicant’s Request
The application for discharge review, received 981117, requested that the characterization of service on the discharge be changed to honorable. The applicant requested 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 991004. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB found the reason on the original discharge to be improper, but discerned no inequity or impropriety in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change, but the reason for discharge should change to read: GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620225.

The NDRB did note an administrative error on the original DD Form 214. Block 28, Narrative Reason for Separation should read: “3620225” vice “3630600 and 3620200”. The Separation code should also be changed from “KKQ/LFX” to read
“JFX”. These changes best reflect the characterization and reason for separation in this case. Accordingly, the original DD Form 214 should be corrected or reissued as appropriate.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I am requesting my discharge be upgraded so I may complete my education. I paid into my GI Bill and have a right to use it or monies, 1200, refunded. I served 3 yrs and I deserve to finish my degree with monies I earned.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     940428 - 940504  COG*

*Extracted from CO's letter dated 16May97.

 Period of Service Under Review :
Date of Enlistment: 940505               Date of Discharge: 970516

 Length of Service (years, months, days):

         Active: 03 00 12
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: NFIR

 Highest Rate: MS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (1)    Behavior: 3.60 (1)                OTA: 3.80        4.0 evals
 Performance: 4.00 (1)    Behavior: 3.00 (1)                OTA: 3.50        5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, OSR, Letter of Commendation (2)

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT/ PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3630600 and 3620200.





 Chronological Listing of Significant Service Events :

941018:  NJP at SSC NTC San Diego, CA. No further information found in service record. [Extracted from Enlisted Performance Record.]
970304:  Counseling: Advised of deficiency (responsibility), notified of corrective actions and assistance available.

970320:  Applicant submitted request for discharge on the grounds of conscientious objection.

950508:  NJP for violation of UCMJ, Article 91: Contempt or disrespect toward warrant, non-commissioned, or petty officer.
         Award: Forfeiture of $479 per month for 1 month, restriction and extra duty for 15 days, reduction to MSSR. Reduction suspended for 6 months. No indication of appeal in the record.
970509:  Psychiatric Evaluation: Diagnosis: Personality Disorder not otherwise specified.
970512:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense as evidenced by commanding officer's nonjudicial punishment during your current enlistment, and by reason of convenience of the government due to personality disorder as documented by competent military medical authority.
970514:  Applicant submitted request to stop all action taken or required for discharge on the grounds of conscientious objection.
970515:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
970516:  Commanding officer directed discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and convenience of the government due to personality disorder. Commanding officer’s comments: (verbatim): a. In her short time on board, Petty Officer (applicant) has demonstrated a continuing decline in performance as evidenced by verbal and written counseling. She was removed from the Child Development Center at the request of the director because her presence in the facility was hindering meal service and she was not an effective team member. She was placed in the Combined Bachelor Quarters (CBQ) and assigned night watches. She requested to be placed on day watches in order that she could be home at night with her brother. It was learned that she then secured part time night employment at a local restaurant. In addition to night employment, it appears she was attending night school in view of the record of off-duty education and training recorded in her service record. Each time she is assigned a task, she manages to become allegedly ill and visits medical. Approximately 35 visits to the medical department in 6 months indicates that she is not able to perform any assigned task. Enclosure (4) is medical documentation which states she has no potential for further naval service.
         b. In enclosure (6) she submitted a request to be separated from the naval service by reason of conscientious objection. When she learned there was no definite amount of time allotted to complete such an investigation, that it could possibly take 4 to 6 months depending on the availability of lawyers, legal counsel, witnesses, interviews, preparation of required documents, etc., she requested it be terminated because she just wanted a General discharge. Enclosure (7) supports her request to terminate the Conscientious Objection request.
         c. Based on her disregard for authority and the documentation provided in enclosures (1) through (7), I support the medical determination that she is not suitable for military service and discharged Petty Officer (applicant) on 16 May 1997 with a General Discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970516 general (under honorable conditions) for misconduct due to commission of a serious offense (A). 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 (B and C), but the reason cited was improper. The board voted unanimously to change the reason for discharge to reflect personality disorder.

In the applicant’s issue, the Board found no basis for relief. The applicant’s discharge correctly characterized her service as competent medical authority found a personality disorder. It would be inappropriate for the Board to upgrade the applicant’s discharge simply to afford her educational benefits based upon her service. The discharge was equitable and correctly characterizes the applicant’s service and separation based upon a personality disorder. Accordingly, relief is denied.

 The applicant is reminded that she is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.

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 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

C. 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     

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