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NAVY | DRB | 2000_Navy | ND00-00627
Original file (ND00-00627.rtf) Auto-classification: Denied


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

ex-SKSN, USNR
Docket No. ND00-00627

Applicant’s Request
The application for discharge review, received 000419, requested that the reason for the discharge be changed to "inability to adapt and the present Navy manning in rating". 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 001206. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety in the reason for the discharge but found no inequity. The Board’s vote was unanimous that the reason for the discharge shall change. The discharge shall read: HONORABLE/SECRETARY PLENARY AUTHORITY, authority: NAVMILPERSMAN, Article 3630900.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. May the Board find it in the best interest to change reason of discharge as indicated in Box 3c, also recommended by BUPERS, given that timing was the enemy in this scenario. Thank you.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Page two of letter from Board of Correction of Naval Records

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 900822               Date of Discharge: 920527

 Length of Service (years, months, days):

         Active: 01 07 18
         Inactive: 00 01 17

 Age at Entry: 22                          Years Contracted: 8

 Education Level: 12                        AFQT: 65/68

 Highest Rate: SKSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (2)    Behavior: 4.00 (2)                OTA: 4.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Letter of Commendation

 Days of Unauthorized Absence: None

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

HONORABLE/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

901010:  Applicant reported for active duty.

920109:  Applicant's request to the Secretary of the Navy for immediate discharge by reason of religious views.

920406:  NJP for violation of UCMJ, Article 134: Drunk and disorderly.
         Award: Forfeiture of $300 per month for 1 month, restriction and extra duty for 10 days. No indication of appeal in the record.
920417:  Applicant diagnosed with personality disorder not otherwise specified with dependent, passive-aggressive and paranoid and traits, EPTE, 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.

920420:  Applicant notified of intended recommendation for discharge honorable 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.
920420:  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. Applicant did not object to separation.
920421:  Commanding officer approved discharge honorable 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.

920504:  BUPERS forward recommendation for an early release from active service because of religious beliefs and earnest desire to enter the ministry to Assistant Secretary of the Navy (Manpower and Reserve Affairs) recommending approval.

920505:  Substance abuse/dependency screen: A: Substance abuse. P: Level II treatment. Obtain treatment through VA after discharge.

920509:  Assistant Secretary of the Navy (Manpower and Reserve Affairs) approved applicant's request for early release from active service because of religious beliefs and earnest desire to enter the ministry.

920522:  BUPERS informed USS GRIDLEY of approval of applicant's request for early separation. Separation Authority: MILPERSMAN 3630900 and this message. Separation Code: KFF. Reenlistment Code RE-RI/RE-1/or RE-4 as appropriate. Narrative Reason for Separation: SECNAV Plenary Authority.

 PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920527 honorable 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, however, the Board found that the discharge was improper (D and E). Specifically, the reason for discharge was improperly assigned.

 The applicant’s issue states: “May the Board find it in the best interest to change reason of discharge as indicated in Box 3c, also recommended by BUPERS, given that timing was the enemy in this scenario. Thank you.” The NDRB found this case particularly unique in that the applicant was dual processed by his parent command. The applicant initiated a request for release from active duty on 920109 by reason of religious views. While this request was being processed by the chain of command, the applicant’s parent command initiated separation processing for a personality disorder on 920420. There is no indication in the record that the applicant withdrew his request for release from active duty due to religious views. The applicant was discharged on 920421 based on a personality disorder. The Assistant Secretary of the Navy for Manpower and Reserve Affairs approved the applicant’s request of 920109 for discharge on 920504 after the applicant had been separated from the Navy. The NDRB found that the reason for discharge was improper and shall change to “Secretarial Authority”. Relief is warranted.

 The applicant’s request for change of the reason for the discharge to “inability to adapt and the present Navy manning in rating” is inappropriate as the Board granted relief.



 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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