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NAVY | DRB | 2000_Navy | ND00-00832
Original file (ND00-00832.rtf) Auto-classification: Denied


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

ex-STGSR, USN
Docket No. ND00-00832

Applicant’s Request
The application for discharge review, received 000620, 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 010209. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety and inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character and reason for discharge shall change to: HONORABLE/NAVY SECRETARIAL AUTHORITY, authority: NAVMILPERSMAN, Article 3620200 and 3630900.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I respectfully ask your assistance regarding my discharge from the U. S. Navy on 96/DEC/10. I was advised to write you by Miss A_ D_ in Virginia, a representative of Veteran's Affairs. I have discussed with her my desire to further my employment status, education, and purchase a house. I am hindered from accomplishing these things by the status of my discharge (general discharge, separation code GFX).

To me, having an education, a good job, a home, and most importantly a family, is what life is all about. While on active duty, I received no NJP'S, no scores below 3.0, and no Captain's Mass. My reason for discharge was listed in my medical file as "strongly recommend administrative separation for the convenience of the government for sleepwalking disorder/somnambulism via NAVMILPERS manual, chapter 36 (3620225)."

My current discharge appears to be under a different code/circumstance. I am asking for your help to change my discharge to an honorable one so that I may be able to accomplish my goals and provide a better service to my country and family a civilian.

I greatly appreciate any assistance in this matter.

Sincerely,
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
One page from applicant's medical record
Copy of applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     960404 - 960519  COG

 Period of Service Under Review :
Date of Enlistment: 960520               Date of Discharge: 961210

 Length of Service (years, months, days):

         Active: 00 06 21
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 10                        AFQT: 90
Highest Rate: STGSR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

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 3620200.



 Chronological Listing of Significant Service Events :

961107:  Medical officer statement: Applicant diagnosed with adjustment disorder with depressed mood, dysthymic disorder with early onset, probable, sleepwalking disorder, self-defeating personality traits. The psychiatrist recommended separation based on convenience of the government for sleepwalking/somnambulism.

961210:  DD Form 224: Applicant discharged general (under honorable conditions) by reason of convenience of the government on the basis of a personality disorder in accordance with NAVMILPERSMAN, Article 3620200.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 961210 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 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 improper and inequitable (D and E).

In response to the applicant’s issue 1, the Board found that the applicant was improperly discharged for Personality Disorder because he was not diagnosed with a personality disorder, but rather an adjustment disorder. Additionally, the medical officer recommended the applicant be separated for convenience of the government based on somnambulism (sleepwalking). The Board found no evidence that the command pursued this recommendation. The applicant was given a general (under honorable conditions) discharge characterization and there is no evidence in the record that indicates the applicant had any misconduct or that his service was less than honorable during his 6 months in the US Navy. The Board therefore voted unanimously to change the reason for discharge to Navy Secretarial Authority and the characterization to HONORABLE. Full relief is warranted.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 13, effective 24 June 1996 until 02 Oct 1996), Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT

B. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 2 Oct 96), Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT ON THE 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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