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NAVY | DRB | 1999_Navy | ND99-00555
Original file (ND99-00555.rtf) Auto-classification: Denied


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

ex-ABHAA, USN
Docket No. ND99-00555

Applicant’s Request
The application for discharge review, received 990315, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000121. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but determined the discharge was inequitable. The Board’s vote was unanimous that the character of the discharge shall change to HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620225.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Applicant's letter to Board dated Feb 22, 1999 explaining request for upgrade
Applicant's Alcohol and Drug Abuse Screening Certificate
Applicant's Enlisted Qualifications History
Applicant's History of Assignments
Applicant's Personnel qualification Standards (PQS)
Applicant's Qualification Sheet
Certificate of Completion (Aviation Boatswains Mate (Handler) Course) of 5/30/99
Applicant's Navy Service Schools/Military Training Courses
Applicant's Awards
Letter of Appreciation from CO, USS TARAWA dated 25 Jul 1997
Evaluation Report and Counseling Report for period 96MAY30 to 97JAN15
Evaluation Report and Counseling Report for period 96JUL16 to 97SEP26
Applicant's Tractor Driver Final Qualification
Applicant's Crash and Salvage Crewman Qualification
Letter of Employment and Recommendation from S_ F_, R.L. H_ and Sons Plumbing

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     950817 - 960211  COG

 Period of Service Under Review :
Date of Enlistment: 960212               Date of Discharge: 970926

 Length of Service (years, months, days):

         Active: 01 07 15
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: HS                        AFQT: 35

 Highest Rate: ABHAA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (2)     Behavior: 3.5 (2)                 OTA: 3.2

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM

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 :

970915:  Fleet Mental Health Unit, Branch Med Clinic, NS, San Diego: Applicant diagnosed with Personality disorder, Not Otherwise Specified with Antisocial and Borderline Features. 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 not considered suicidal or homicidal, but is judged to represent a risk to self others.

970918:  Applicant notified of intended recommendation for discharge General (under Honorable conditions) by reason of Convenience of the Government on the basis of a diagnosed Personality Disorder as evidenced by a medical evaluation determination that you are unsuitable for continued military service in the U.S. Navy due to a personality disorder, made by competent medical authority on 15 September 1997.
970918:  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.
970926:  Applicant discharged with a General (Under Honorable Conditions) by reason of Personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970926 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 determined that the discharge was proper but inequitable (C and D). The applicant’s record was devoid of any misconduct. He completed all schools in good standing, participated in volunteer work during his off duty hours, and his evaluations contained marks that justify an Honorable discharge (based on his rating and experience level). He is married and employed, and there is no reason to assume the applicant was discharged for any reason other than personality disorder. An evaluation by competent medical authority indicated the applicant had a documented severe personality disorder prior to entering the Navy. Based on the documentation provided, the applicant is granted relief in the form of an upgrade of his discharge to Honorable.

 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 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 St SE Rm 309
                  Washington, D.C. 20374-5023     


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