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NAVY | DRB | 2001_Navy | ND01-00025
Original file (ND01-00025.rtf) Auto-classification: Denied


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

ex-ET3, USN
Docket No. ND01-00025

Applicant’s Request
The application for discharge review, received 001003, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Convenience of the Government. 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 010329. 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: GENERAL (UNDER HONORABLE CONDITIONS/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. My record of NJP indicates only 1 isolated minor offense.

2. Personal Problems impaired my ability to serve.

3. My discharge was improper because my command did not follow discharge regulations.

4. I received letters of recommendation.

5. I received awards and decorations.

6. My command abused it's authority when it decided to discharge me and decided to give me a bad discharge.

7. Psychiatric problems I had impaired my ability to serve.

8. My use of alcohol impaired my ability to serve.

9. My command retained me after multiple recommendations by medical officers, with full knowledge of my problems (personal problems and psychiatric problems) and my inability to serve.

10. My record of promotions (evaluations) showed that I was above average and promotable, and generally a good service member according to navy standards.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of specification dated November 29, 1999
Copy of Counseling and Assistance Center Memorandum dated September 13, 1999
Copy of Commanding Officer's nonjudicial punishment dated December 14, 1999
Five pages of medical record
Copy of applicant's DD Form 214
Copy of Letter of Appreciation dated April 8, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     961007 - 961027  COG

 Period of Service Under Review :
Date of Enlistment: 961028               Date of Discharge: 000308

 Length of Service (years, months, days):

         Active: 03 04 11
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 81

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (2)    Behavior: 3.00 (2)                OTA: 2.98

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, AFEM, NUC, NATO, GCM

 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 :

991214:  NJP for violation of UCMJ, Article 92: Disobeying a lawful order.
         Award: Restriction and extra duty for 20 days, reduction to ETSN. Reduction suspended for 6 months. No indication of appeal in the record.
000204:  Applicant diagnosed with borderline personality disorder, severe and alcohol dependent. 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.

000225:  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 and commission of a serious offense.
000225:          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.
000505:  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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000308 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 and equitable (C and D).

 The applicant’s first issue states: “My record of NJP indicates only 1 isolated minor offense.” The applicant’s service record documents one NJP for violation of UCMJ Article 92. While the applicant considers this offense “isolated” and “minor”, it is, in fact a serious military offense (one that may warrant a punitive discharge). Relief is not warranted.

The applicant’s second issue states: “Personal Problems impaired my ability to serve.” While the applicant may feel this is the case, there is nothing in the record stating that the applicant was not responsible for his actions, nor that he should not be held accountable for his misconduct. Relief is denied.

The applicant’s third issue states: “My discharge was improper because my command did not follow discharge regulations.” The NDRB found no impropriety or irregularity in the applicant’s discharge. Relief is not warranted.

The applicant’s fourth and fifth issues state: “I received letters of recommendation.” and “I received awards and decorations.” While the record shows the applicant received various unit and campaign awards, the NDRB did not find this reason to upgrade the discharge. The Board found that due to the applicant’s documented misconduct (commission of a serious offense) that a General discharge accurately characterized his service. Relief is denied.

The applicant’s sixth issue states: “My command abused it's authority when it decided to discharge me and decided to give me a bad discharge.” The NDRB found no abuse of authority in the applicant’s discharge. Relief is not warranted.

The applicant’s seventh issue states: “Psychiatric problems I had impaired my ability to serve.” While the applicant’s mental condition precluded him from successfully completing his enlistment, the applicant was responsible for his conduct that included his misconduct. Relief is not warranted.

The applicant’s eighth issue states: “My use of alcohol impaired my ability to serve.” While this may be true, the applicant was still responsible for his actions. Relief is denied.

The applicant’s ninth issue states: “My command retained me after multiple recommendations by medical officers, with full knowledge of my problems (personal problems and psychiatric problems) and my inability to serve.” The Board found this issue non decisional, and it is not a basis on which to grant relief. Relief is denied.

The applicant’s tenth issue states: “My record of promotions (evaluations) showed that I was above average and promotable, and generally a good service member according to navy standards.” The negative aspects of the applicant’s service (his documented NJP for violation of UCMJ Article 92) out weighed his otherwise positive contributions. The Board found the applicant’s General discharge accurately characterized his service. Relief is denied.

The applicant requested the NDRB change his reason for discharge to “convenience of the government.” The NDRB found the applicant was properly processed for a documented personality disorder. To change the reason for discharge would be inappropriate. Relief is denied.

 The Board may grant relief based on post service considerations, however, the applicant failed to provide any documentation to support an upgrade on these grounds. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective
20 May 99 until 26 March 2000, 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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