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NAVY | DRB | 2000_Navy | ND00-00781
Original file (ND00-00781.rtf) Auto-classification: Denied


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

ex-AE3, USN
Docket No. ND00-00781

Applicant’s Request
The application for discharge review, received 000531, 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 010125. 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 3 to 2 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 discharge was improper because my military career affected my health causing high blood pressure which I received no medication for a year. I was a hard-working sailor with outstanding evaluations. I was never in trouble and committed myself to the military. I made rank first time up. My superiors even put me in charge as supervisor to the line-shack. I believe receiving a general under honorable conditions is disgraceful and unfair to the outstanding sailor I was. Please read my letter I have attached as it will describe thoroughly my reasons. Thank you.

 To Whom It May Concern
My name is (applicant). I was in the United States Navy from November 28, 1995 to July 10, 1998. I was unfairly given a general under honorable conditions discharge. I believe that I deserved an honorable discharge and I hope I can have this changed.
I worked very hard in my Navy career to excel and to be the best sailor I could. I always made rate on time. My evaluations were always outstanding and my military bearing was always untouchable. I made third class Petty Officer first time up. Included with this letter are copies of two of my evaluations to prove what kind of sailor I was. As you can see, the evaluations were high including always "must promotes".I decided to push for a discharge when my military career began to effect my family life and most importantly, my health. At twenty-four years old I was diagnosed with high blood pressure by the military doctors. The doctors never took it seriously and often commented, "it won't kill you today, but maybe tomorrow." One year after my diagnosis, I was finally given medication. In this time period, I also had unnecessary surgery to my lower back which included the removal of a benign mole. In my opinion, the doctors handled the surgery very poorly. My superiors in my squadron, VP-5, had no consideration for my well-being or safety. I was given no convalescent leave time for my back to heal properly. To this day, I have a scar the size of a tennis ball that is permanent and quite unattractive.
I am asking that you please change my discharge to honorable under honorable conditions. The effort I put in my career is that of hard work and total commitment. Maybe I put to much into that career and that is the reason my health worsened. I was a wonderful sailor and always stayed out of trouble. My record is untouchable and for that reason I feel I deserve an honorable discharge. Thank you for taking the time to read this letter and observe my evaluations. I also appreciate your help and the assistance you may be able to offer. Please feel free to contact me if you have any questions. Sincerely

 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)
Two partial Evaluation Report/Counseling Record dated 980105 and 98Jun19
Eighteen pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     950916 - 951127  COG

 Period of Service Under Review :
Date of Enlistment: 951128               Date of Discharge: 980710

 Length of Service (years, months, days):

         Active: 02 07 13
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 12                        AFQT: 56

 Highest Rate: AE3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                           Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

 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 :

980623:  Applicant admitted to Naval Hospital Jacksonville for psychiatric observation.
980624:  Applicant discharged from Naval Hospital Jacksonville.

 980624:  Medical officer statement, something close to the following: Applicant diagnosed with occupational problems, partner relational problems, personality disorder not otherwise specified, hypertension. 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.

980626:  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.
980626:          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.
980626:  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): AEAN (applicant) has been diagnosed with a personality disorder which causes him to be a potential harm to himself and others. Therefore, it is in the best interest of the Navy, that AE3 (applicant), be discharged from Naval Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980710 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 served honorably during his 2 years and 7 months in the Navy. The applicant’s service record is void of counselings, retention warnings or any misconduct. The applicant’s evaluations were above average and the applicant earned both a Sea Service Deployment Ribbon and the National Defense Service Medal during his tenure. For these reasons, the Board voted to upgrade his discharge to HONORABLE. Full relief is warranted.

 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 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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