Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-00222
Original file (ND01-00222.rtf) Auto-classification: Denied


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

ex-SA, USNR
Docket No. ND01-00222

Applicant’s Request
The application for discharge review, received 001215, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010524. After a thorough review of the records, 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: UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)
1. While I wish my military experience would have ended more favorably, I believe the experience to be invaluable. As a high school drop out, I was attracted to the military because I though it might change my life. At the young age of 17, I enlisted for an opportunity to get on the right track. While I am not proud of how I was discharged, I am grateful to the navy for the discipline I learned in Basic Training. By the time I was discharged, I was still supposed to be in high school. I immediately entered Junior College to earn my Associates Degree. From there I graduated cum laude from the University of Florida four years from my discharge date. It was in the Navy I was reminded of my academic abilities and today I am planning to start working on my Masters in June 2001. I was diagnosed with a personality disorder by the navy for my discharge. While I do believe I suffer from clinical depression, I believe the former diagnosis to be incorrect. Unfortunately, I was just a kid who didn't want to be in the military anymore and new how to push the right buttons. Your consideration is greatly appreciated.

 Documentation
Only the applicant's service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider.

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: 900820               Date of Discharge: 910531

 Length of Service (years, months, days):

         Active: 00 06 26 (Doesn't exclude lost time)
         Inactive: 00 02 16

 Age at Entry: 17                          Years Contracted: 8

 Education Level: 10 (Passed the High School Proficiency Test 1/90)

 AFQT: 54

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.0 (1)     Behavior: 2.0 (1)                 OTA: 2.38

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 10

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

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

901106:  Commenced 24 months active duty under the Seaman Apprenticeship Program.
910502:  Unauthorized absence from USS FLATLEY (FFG-21) at 0700.

 910507:  Report of Declaration of Desertion having been unauthorized absentee since 0700, 91MAY02 from USS FLATLEY. Member stated to numerous crew members his intentions were not to return. He has exhibited an intent to desert by his actions.
910511:  Surrendered onboard at 2120.

 910515:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700 91MAY02 to 2120 91MAY10 (10 days).
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 20 days. No indication of appeal in the record.
910515:  Retention Warning: Advised of deficiency (absented yourself from your appointed place of duty), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
910520:  Psychology Evaluation: SA (Applicant) is having adjustment problems in meeting the structure and discipline required in a military environment. He presents a history of having conflict with authority figures which resulted in a number of school suspensions until he left school at age 17 (10 th grade) to join the Navy. He has a tendency to start things but usually does not complete them. Pt denied suicidal/homicidal ideations, delusions, hallucinations etc. No evidence of psychosis, neurosis, OBS. He's cognitive functioning and interpersonal behavior was appropriate. He became tearful several times during interview. Wants out of the Navy.
 Diagnosis: AXIS II: 301.90 Personality Disorder, NOS with immature, inadequate features, chronic, moderate, EPTE.
Recommend administrative separation and counseling via Family Service Center.
910525:  Admitted to Naval Hospital Jacksonville: Admit Diagnosis - Antisocial Personality disorder - severe.
         Pt has a severe personality disorder decreased in impaired for further service in Navy. He remains high risk for harm to self or others if he remains in the Navy.
         Recommend expeditious administrative separation.

910529:  Released from Naval Hospital Jacksonville.

910530:  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 as evidenced by your psychiatric evaluations of 20 May 1991 and 25-29 May 1991.
910530:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights. Applicant did not object to separation.
910601:  CO, USS FLATLEY advised CNMPC applicant was discharged on 31 May 1991 with a general (under honorable conditions) by reason of convenience of the government on the basis of a personality disorder. Commanding officer’s comments (verbatim): "Seaman (Applicant) performance has been substandard. His frequent display of immaturity, bad judgment, and use of half-truths highlight his inability to adjust to a military lifestyle."

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 910531 under honorable conditions (general) 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, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).

In response to applicant’s issue 1, the Board found that the applicant was properly diagnosed by a qualified psychologist as having an antisocial personality disorder that existed prior to entry into the naval service. The applicant received a general discharge vice a fully honorable discharge because of being declared a deserter and violating UCMJ Article 86 for being UA 10 days. The Board finds the discharge to be proper and equitable and will not grant relief concerning this issue.

The following is provided for the applicant’s edification. There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (E). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group) and certification of non-involvement with civil authorities (police records check) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 14, effective
22 Dec 90 until 14 Aug 91, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560-A), Change 13, effective
12 Oct 90 until 14 Aug 91, 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      


Similar Decisions

  • NAVY | DRB | 2000_Navy | ND00-00842

    Original file (ND00-00842.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 910618 with an honorable discharge 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. 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 (D...

  • NAVY | DRB | 2002_Navy | ND02-00769

    Original file (ND02-00769.rtf) Auto-classification: Denied

    ND02-00769 Applicant’s Request The application for discharge review, received 020509, requested that the characterization of service on the discharge be changed to honorable. 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 (D and E).Issue 1: The Applicant requests his discharge characterization be changed to honorable so he can be eligible for employment as a professional...

  • NAVY | DRB | 2003_Navy | ND03-01364

    Original file (ND03-01364.rtf) Auto-classification: Denied

    I mistakingly signed a form without writing down an outstanding phone bill. The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. 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:...

  • NAVY | DRB | 2002_Navy | ND02-00553

    Original file (ND02-00553.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-SA, USN Docket No. This member (Applicant) is deemed fit for return to duty for immediate processing for administrative separation.890327: 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...

  • NAVY | DRB | 1999_Navy | ND99-01040

    Original file (ND99-01040.rtf) Auto-classification: Denied

    The Board’s vote was unanimous that the character of the discharge shall change to: HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.The NDRB did note an administrative error on the original DD Form 214. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214. Pt was referred voluntarily by his command due to the pt's difficulty at work and fitness for duty.

  • NAVY | DRB | 1999_Navy | ND99-00136

    Original file (ND99-00136.rtf) Auto-classification: Denied

    ND99-00136 Applicant’s Request The application for discharge review, received 981102, requested that the characterization of service on the discharge be changed to honorable. At this time, the applicant has not provided any documentation of good character and conduct. You should read Enclosure (5) of the Directive before submitting such a complaint.

  • NAVY | DRB | 2002_Navy | ND02-00055

    Original file (ND02-00055.rtf) Auto-classification: Denied

    ND02-00055 Applicant’s Request The application for discharge review, received 010925, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to hardship. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Applicant's letter to the Board dtd Sep 18, 2001 Westchester Community College Transcript PART II - SUMMARY OF SERVICE Prior Service...

  • NAVY | DRB | 1999_Navy | ND99-00038

    Original file (ND99-00038.rtf) Auto-classification: Denied

    In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).In response to applicant’s issue 1, the Board, after reviewing the applicant’s service record, does not feel an upgrade should be granted. The applicant

  • NAVY | DRB | 2001_Navy | ND01-00706

    Original file (ND01-00706.rtf) Auto-classification: Denied

    Member deemed fit for return to duty for immediate processing for admin separation which should be initiated expeditiously by his Command.960624: 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 as evidenced by psychiatric evaluation on 15 May...

  • NAVY | DRB | 1997_Navy | ND97-01393

    Original file (ND97-01393.rtf) Auto-classification: Denied

    During my period of active duty I received many (8) letters of recommendation.6.) Family history is positive for alcoholism in the patient's father. I recommend that Seaman R___, be expeditiously separated from the Naval Service and that the characterization of discharge be Other Than Honorable.910709: BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.910717: Discharged UNDER OTHER THAN HONORABLE...