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NAVY | DRB | 2000_Navy | ND00-00352
Original file (ND00-00352.rtf) Auto-classification: Denied


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


ex-SR, USN
Docket No. ND00-00352

Applicant’s Request
The application for discharge review, received 000121, 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 000831. 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: UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues (verbatim)

1. I believe my discharge was appropriate and deserved. But after eight years I believe I paid my dues and have been punished enough. I have tried to pursue a career in law enforcement, but the discharge has held me back.
Although I believe the discharge was deserved, I think the military should have offered help. They did not. Instead I was discharged, coinciding with the beginning of military cut backs. I was given a couple of chances, but no help.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of transcript from Northeast Texas Community College dated December 1, 1997
 Letters to applicant from Northeast Texas Community College dated May 13, 1994 and January 3, 1994
 Letter from Texas Commission of Law Enforcement dated May 11, 1994
Certificate for course in Expandable Baton Techniques dated October 7, 1993
 Certificate for course in Basic Jailer Certification dated April 18, 1993
 Certificate for course in Basic Peace Officer Certification dated May 3, 1994
Copy of Registration summary dated January 5, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USNR (DEP)     880824 - 890605  ELS
 USNR (DEP)      890928 - 900812  COG
Period of Service Under Review :
Date of Enlistment: 900813               Date of Discharge: 920131

 Length of Service (years, months, days):
         Active: 01 05 19
          Inactive: None
Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 35
Highest Rate: SX3

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 2.00 (1)    Behavior: 2.00 (1)                OTA: 2.60

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM, NUC, SASM, JMU, HSM

 Days of Unauthorized Absence: 1

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

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.
Chronological Listing of Significant Service Events :

911031:  NJP for violation of UCMJ, Article 111: Drunken or reckless driving on 20Oct91.
          Award: Restriction and extra duty for 20 days. Restriction and extra duty suspended for 4 months. No indication of appeal in the record.
911220:  Drug and Alcohol Abuse Report: Alcohol abuse, 1 to 3 times per week, ashore off duty, military police. DAPA and physician found applicant not dependent and recommended Level II. Commanding officer recommended retention and Level II. Comments: Member is a sub-standard performer. Potential for further service is considered fair at this time. Member will be referred to CAAC for treatment.

920109:  Vacate suspended restriction and extra duty awarded at CO's NJP dated 31Oct91 due to continued misconduct.
920109:  NJP for violation of UCMJ, Article 86: Absence without leave (1 day); violation of UCMJ Article 92: Dereliction of duty.
          Award: Restriction and extras duty for 10 days, reduction to SR. No indication of appeal in the record.
920122:  Retention Warning: Advised of deficiency (UA, late in mustering), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
920127:  Medical officer statement, something close to the following : Applicant diagnosed with dysthymia, alcohol abuse, personality disorder NOS with dependent traits, 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.

920130:  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.
920130:          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.
920204:  Commanding officer directed 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. Commanding officer’s comments (verbatim): SR (applicant) has become an administrative burden to this command due to his personality disorder. After the results of the psychiatric evaluation, held on 27 January 1992, were obtained it was determined that SR (applicant) should be immediately processed from the U.S. Navy as authorized in reference (b). Although prior counseling was given to the member he was also evaluated as being a continuing danger to himself and others if retained in the naval service. A characterization of general was warranted by service record.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 920131 under honorable conditions (general) 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 and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).
In response to the applicant’s issue, the Board found no error or injustice is evident in the applicant’s service record. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, can be considered. In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships. In reviewing the applicant’s post service, the Board was impressed with the efforts he has begun to make in attempting to recoup his reputation which has been sullied by his misconduct in the Navy. However, the applicant’s efforts need to be more encompassing than those provided. The applicant should have produced evidence of a verifiable employment record, documentation of community service and certification of non-involvement with civil authorities in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. The applicant is reminded that he remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at a personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 04 Mar 1993, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 04 Mar 1993, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - BASIS OF PERSONALITY DISORDER.

C. 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.

D. 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.

 E. 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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