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NAVY | DRB | 2000_Navy | ND00-00353
Original file (ND00-00353.rtf) Auto-classification: Denied


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

ex-HN, USN
Docket No. ND00-00353

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 001005. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an inequity, but no impropriety in the characterization of the applicant’s service. The Board’s vote was 4 to 1 that the character of 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 name is (applicant) (SSN deleted), and I am writing this letter to upgrade my discharge to Honorable from a General Under Honorable. I was Administratively separated April 12, 1999, having served four years active duty and discharged with a personality disorder. I feel that this has been a terrible injustice of my character of service. I had fallen into a very depressive state on September 18, 1998 where I was admitted to the psychiatric unit at Naval Hospital Great Lakes for five days. I was working as an Emergency Medical Technician that summer averaging about 600-700 calls a month and attending college. I guess I over exceeded my limit, but everything started happening at once. My mother was admitted to the hospital for the second time in a year for her diabetes. A close uncle was having his second heart operation and he just had one the previous year, and I found my fiance passed out on the floor in her apartment one morning. My co-workers saying that I was anti-social because I would not go and get drunk with them at 0800 in the morning after a 26 hour shift. My supervisor at that time who made it very difficult for me to go to school that summer. I remember him telling me "you think your all that because your going to school". I had been depressed on and off for about a year. It felt like I had no one to talk to about it. I was afraid to receive help because I was embarrassed and I worked there. About 2 or 3 weeks prior to being admitted I was on a 24 hour shift at the fire station. It was 0200 in the morning I called the hospital and talked to a nurse asking for help. He felt I should not come to the emergency room due to privacy. He advised me to make it over the weekend and go see a counselor. I did just that, then 2 or 3 weeks later I was admitted. I understood why I was being separated and talked to legal in the hospital. The secretary told me I would have an Honorable discharge and I would just need to get a separation physical. I had my physical and went back to tell the secretary, but she told me I would receive an Other than Honorable discharge for a Mast I had back in September 1995 six months in my Navy enlistment. I did not understand this because I was already punished for that three and a half year old incident. When I had my board they voted 3 of 3 that I was being separated for a personality disorder not for misconduct. The rest of my service was not just a General Under Honorable Condition. My evaluations reflect a Honorable service. I am professional and a hard worker in my job, family, studies, and community. I have proved that the misconduct in 1995 was an isolated incident and that I made a mistake and learned from it. I would like to put that incident in the past and move on. I should not be punished for having a medical condition. I would like to direct your attention to a letter included in my personnel file, written by Lt. C_ A_, JAGC. USN, Defense Counsel, addressed to the Chief of Naval Personnel (PERS 83), Washington, DC 20370, via my Commanding Officer, Naval Hospital, Great Lakes, IL. His opinion was the Board did not have all the facts and as a result, the decision was to give me a General Under Honorable condition. I respectfully request that my discharge be upgraded to Honorable because the bad does not out weigh the good.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of college transcript
Copy of applicant's DD Form 214
Character reference undated
Character reference dated July 14, 1999
Character reference dated July 8, 1999
Ninety-one pages from applicant's service/medical records

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     941217 - 950327  COG

 Period of Service Under Review :
Date of Enlistment: 950328               Date of Discharge: 990412

 Length of Service (years, months, days):

         Active: 04 00 15
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 53

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (5)    Behavior: 3.20 (5)                OTA: 3.26        (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MUC

 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 :

950912:  NJP for violation of UCMJ, Article 107 (4 specs): Intent to deceive, violation of UCMJ, Article 108: Willfully break a window.
         Award: Forfeiture of $464 per month for 1 month, restriction and extra duty for 9 days, reduction to SA. Reduction suspended for 6 months. No indication of appeal in the record.
950912:  Retention Warning: Advised of deficiency (Violation of the UCMJ, Article 108 and violation of the UCMJ, Article 107.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
980923:  Medical officer statement, something close to the following: 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 considered self-destructive and a continuing risk of harm to self or others.

981217:  Applicant advised of third physical readiness test failure due to exceeding height (73")/weight (250 pounds) and body fat limits (29%) and failure of PRT.
990113:  Applicant notified of intended recommendation for discharge under other than honorable conditions) by reason of misconduct due to commission of serious offense and 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.
990113:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
990209:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to commission of a serious offense, and personality disorder that the misconduct warranted separation, and recommended discharge general (under honorable conditions).

990214:  Counsel's statement of deficiencies.

 990324:  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.

990330:  Commander, Naval Training Center, Great Lakes, IL directed the applicant's discharge general (under honorable conditions) by reason of convenience of the government on the basis of a personality disorder.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990412 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 but inequitable (C and D).

In response to the applicant’s issue 1, the Board found that the applicant was processed and ultimately discharged from the Navy for a personality disorder. The applicant served 4 years and 15 days in the Navy. The applicant did have an NJP early in his enlistment, but the Board found no other misconduct in his service record. In addition, the applicant submitted post service documentation to include character references and college transcripts substantiating good character and conduct. The Board found the characterization inequitable based on the applicant’s 4 year service and post service conduct and therefore voted to upgrade the characterization to HONORABLE. Full relief is warranted.

 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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