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NAVY | DRB | 2000_Navy | ND00-00325
Original file (ND00-00325.rtf) Auto-classification: Denied


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


ex-ET3, USN
Docket No. ND00-00325

Applicant’s Request
The application for discharge review, received 000112, requested that the characterization of service on the discharge be changed to Honorable. The applicant requested a documentary record discharge review. The applicant did list the Veterans of Foreign Wars as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000817. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. 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 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

1. To whom it may concern:
I was not put out of the military under my own free will. Please take into consideration that I served my country proudly with honor and commitment with devotion to courage. As you will see in my records of my evals and awards also my accomplishments should be noted as to upgrade to an honorable. I further believe that my discharge was inadequate with only having one incident in 64 months with no adverse action. I further believe that my discharging authority should have looked upon my prior service upon making their decision of my discharge.
2. IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1), chapter 9.3, Equity of Discharge, we ask the Board to consider the following factors.
•         The applicant possessed good marks, numerous letters of commendation and the NDSM
3. We ask the Board to consider the applicant's case IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1), chapter 9, paragraph 9.2, Propriety of Discharge.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of applicant's DD Form 214 (2 copies)
Copy of Letter of Commendation (2 copies)
 Copy of Letter of Commendation (2 copies)
 Evaluation Report and Counseling Record for 97Dec16 to 98Jun15 and 98Jun16 to 98Oct01 (2 copies)
One page from applicant's service record (2 copies)
 Copy of Letter of Commendation
 Copy of Good Conduct Award
Copy of Letter of Commendation
 Copy of Letter of Appreciation
 Letter from Commanding Officer re designation as member of the command equal opportunity (EO) team dated 23 February 23, 1998

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        930826 - 960918  HON
          Inactive: USNR (DEP)     930421 - 930825  COG
Period of Service Under Review :
Date of Enlistment: 960919               Date of Discharge: 990108

 Length of Service (years, months, days):
         Active: 02 03 21
          Inactive: None
Age at Entry: 21                          Years Contracted: 6

 Education Level: 12                        AFQT: 68
Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (1)    Behavior: 3.60 (1)                OTA: 3.60        4.0 evals
 Performance: 3.50 (2)    Behavior: 4.5 0 (2)               OTA: 3.57        5.0 evals

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM, OSR, CGMUC, Letter of Commendation (2), JMU, HSA, OSR (3)
Days of Unauthorized Absence: 30

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 :

981211:  Retention Warning: Advised of deficiency, notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. [Extracted from CO's letter dated 29Dec98.]
981211:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 2400, 31Oct98 to 1345, 1Dec98 (30 days).
         Award: Forfeiture of $150 per month for 2 months, restriction and extra duty for 30 days, reduction to ETSN. Reduction suspended for 6 months. No indication of appeal in the record.
981214:  Applicant diagnosed with a personality disorder not otherwise specified with borderline and passive-aggressive traits. Applicant considered not to be mentally ill but manifests a long-standing disorder of character and behavior which is of such severity to render him unsuitable for continued military service in the U.S. Navy. The psychiatrist recommended immediate processing for administrative separation based on a personality disorder. Applicant was considered self-destructive and a continuing risk of harm to self or others.

981222:  Applicant notified of intended recommendation for discharge General (under Honorable conditions) by reason of Convenience of the government due to personality disorder.
981222:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights.
981229:  Commanding officer recommended 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990108 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).
In the applicant’s issue 1, the Board determined this issue is without merit. The applicant states he served his country proudly, with honor and commitment, and with devotion to courage. He also states he had one incident in 64 months, with no adverse action. The applicant was an unauthorized absentee for 30 days. He was discharged for personality disorder, of such severity to render him incapable of serving adequately in the Naval service. Competent medical authority diagnosed the applicant to be a continuing risk of harm to himself or others, which is sufficient justification to warrant immediate separation. In the case of this applicant, a General (under Honorable conditions) discharge was equitable, factoring in his unauthorized absence, misconduct. The Board determined this discharge was proper and equitable. Relief denied.
In the applicant’s issues 2 and 3, the Board determined these issues are without merit. The applicant petitions the Board to consider his good marks, numerous letters of commendation, the NDSM, as well as the propriety of his discharge. His service, prior to his misconduct, was Honorable, as noted by his Honorable discharge for his first enlistment, his performance marks and awards. His service at the point of his misconduct (30 days UA), however, was no longer Honorable. The characterization of his discharge summarized the entire final enlistment and not just the favorable portion. The General (under Honorable conditions) discharge, accurately reflects the applicant’s military service for his final enlistment. The discharge was proper and equitable. Relief denied.
Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 21, effective
01 Sep 1998 until 19 May 99, 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 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      


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