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NAVY | DRB | 2001_Navy | ND01-00480
Original file (ND01-00480.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND01-00480

Applicant’s Request
The application for discharge review, received 010305, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed (no indication given of what to change the reason to). 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 010928. 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: UNCHARACTERIZED/ PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I requested to see a sycaligyst to talk about my girl friend leaving me, my grampa suffering from cancer, and just being home sick. I requested it to be on a long term basis. I went to the doctor under that usumption. Come to find out it was an eval and not a normal visit. I spilled my guts every thing I ever did. The whole basis for them kicking me out was the doctor said I was suicidle which is a flat out lie at know time did I ever say that. That is some thing I would never do never . I requested captains mast to appeale it, and he said "I have no dought your not suicidle but I feel you are trying to use this to get out of CCU so Im recommending your discharge. I should not have gotten a separation due to personality disorder because I do not have one. Ill do anything to change this including a scyc eval. One of the documents I have included is prof that I requested to see a shrink on a long term thing and not to get out. If it wasnt for the one doctor I would still be a proud US SAILOR

Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION." None were found.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Two pages from applicant's service record
Copy of DD Form 214 (Member 1)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     990514 - 000130  COG

 Period of Service Under Review :
Date of Enlistment: 000131               Date of Discharge: 000728

 Length of Service (years, months, days):

         Active: 00 05 28
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 11/12                     AFQT: 36/43

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 14

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

UNCHARACTERIZED/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

 Chronological Listing of Significant Service Events :

000630:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 1600, 2Jun00 to 1145, 16Jun00(14 days/surrendered), violation of UCMJ, Article 92: Fail to obey lawful order, to wit: by leaving barracks 623 without a liberty card and without signing out in the liberty log as required dated 2Jun00.
         Award: Forfeiture of $502.80 per month for 1 month, correctional custody for 30 days, reduction to AR. No indication of appeal in the record.
000711:  Applicant diagnosed with adjustment disorder with depressed mood, dependent personality disorder with avoidant traits. 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.

000712:  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.
000712:  Applicant advised of his rights and having consulted 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.
000811:  Commanding officer directed uncharacterized 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 000728 uncharacterized 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).

 Issue 1. The applicant’s issue described his perception of the circumstances which resulted in his discharge. He contends that the diagnosis that he was “a harm to self or others” was not true. The Board considered the applicant’s issue and reviewed his character reference, medical record and service record. The applicant was found guilty, at NJP, of violation of Article 92 (failure to obey a lawful order) and Article 86 (unauthorized absence for 14 days/surrendered) and was awarded CCU for his misconduct. While in pre-CCU screening, it was determined by competent medical authority, that the applicant had a personality disorder and was considered a risk to harm himself or others. Accordingly the applicant was processed for administrative separation while in an entry-level status (less than 180 days continuous active duty service). His violation of UCMJ Article 92 is a commission of a serious offense, punishable by court martial, which his command chose not to pursue. The Board found no impropriety or inequity in the discharge. Relief is not warranted.

 The following is provided for the benefit of the applicant. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for clemency, based on post-service conduct. The applicant did not provide sufficient documentation to warrant a upgrade to his discharge. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective
27 March 2000 until Present, 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 “ afls10.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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