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NAVY | DRB | 1999_Navy | ND99-00874
Original file (ND99-00874.rtf) Auto-classification: Denied


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

ex-HM3, USN
Docket No. ND99-00874

Applicant’s Request
The application for discharge review, received 990610, 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 000411. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned impropriety in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change. The discharge shall change to: HONORABLE /PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. My discharge was unfair, because I was told that I would be receiving an Honorable Discharge. My request for an Administrative Discharge stated that it was to be Honorable. The rought draft that I received also said I would be receiving an Honorable Discharge. Then about a month after I had been discharged I had received my final DD 214 stating I had a General (Under Honorable Conditions) discharge. I was told nothing other than my Discharge would be Honorable, and I find the switch unfair. I did contribute to the GI Bill, and continuing my education is very important to me. I feel that during my tour with the Navy I did nothing wrong to have my benefits taken away. I always did my very best at my job, I even did more than was required. Please consider my request for an Upgrade Discharge I feel I deserve it for all my hard work and Dedication to Duty. Thank you

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Copy of worksheet DD Form 214 (2 copies)
Copy of Commanding Officer's letter dated August 17, 1998 (2 copies)
Copy of Good Conduct Award
Award from Naval Hospital Jacksonville
Letter of Commendation
Letter of Appreciation
Certificate of Appreciation
Evaluation Reports (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     931203 - 940314  COG

 Period of Service Under Review :
Date of Enlistment: 940315               Date of Discharge: 980831

 Length of Service (years, months, days):

         Active: 04 05 17
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 25

 Highest Rate: HM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                           Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, 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 1910-122 (formerly 3620225).

 Chronological Listing of Significant Service Events :

980331:  Medical officer statement, something close to the following: Applicant diagnosed with adjustment disorder with depressed mood, severe. 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.

980731:  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 of such severity as to render the applicant incapable of serving adequately in the naval service.
980731:          Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
980817:  Commanding officer directed Personnel Support Detachment Activity to separate applicant with an Honorable Discharge by reason of convenience of the government due to a mental condition.
980817:  Commanding officer informed Chief of Naval Personnel of applicant's discharge 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. Commanding officer’s comments (verbatim): Petty Officer (applicant) is unable to meet the criteria of the United States Navy's arduous military life standards as documented in enclosure (3). Major C_, current Commanding Officer, El Paso Military Enlisted Processing Station (MEPS), and Major G_, previous Commanding Officer, El Paso, MEPS concur with my recommendation in processing HM3 (applicant) for separation.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 980831 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 improper (C and D).

In response to applicant’s issue 1, the Board found an administrative error on the original DD Form 214. Block 24, Character of Service, should read HONORABLE, vice “GENERAL (UNDER HONORABLE CONDITIONS)”. The DD Form 214 should be corrected or reissued as appropriate.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until 31 Aug 1998, Article 1910-122 (formerly 3620225), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER(S).

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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