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NAVY | DRB | 2001_Navy | ND01-00584
Original file (ND01-00584.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND01-00584

Applicant’s Request
The application for discharge review, received 010329, 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 020517. 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, however, the reason for discharge was improperly assigned. The Board’s vote was unanimous that the character of the discharge shall not change and the reason for discharge shall change. The discharge shall change to: GENERAL (UNDER HONORABLE CONDITIONS/SECRETARY PLENARY AUTHORITY: NAVPERS 15560C, Change 18, effective 12 Dec 97 until Present, Article 1910-164. The Separation Code shall change to: JFF.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. The discharge is improper because I wanted to stay and finish out my year. So I would be able to get an Honorable Discharge. The doctor I told my problem to say it would better if I went home early. I was also told that Honorable under General condition, was almost the same as Honorable. So I would have no problem receiving education benefits. I found out that is not true. I have completed my school courses, a 6 month training on (4) type of welding. I am currently working in the field. I have also file my application for citizenship. And now I am waiting to be sworn in.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
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)     970627 - 970825  COG

 Period of Service Under Review :
Date of Enlistment: 970826               Date of Discharge: 000518

 Length of Service (years, months, days):

         Active: 02 08 21
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 45

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 1.00 (1)                OTA: 1.83

 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 1910-122 (formerly 3620225).

 Chronological Listing of Significant Service Events :

990610:  Retention Warning: Advised of deficiency (Unprofessional conduct as tour guide on board USS CONSTITUTION), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
990914:  NJP for violation of UCMJ, Article 134: Indecent language on 2Jul99.
         Award: Forfeiture of 1/2 month's pay per month for 2 months, reduction to FA. Forfeiture and reduction suspended for 6 months. No indication of appeal in the record.

000211:  NJP for violation of UCMJ, Article 121: Larceny of a DVD player, property of another service member.
         Award: Forfeiture of $563.70 pay per month for 2 months, restriction and extra duty for 45 days, reduction to FA. No indication of appeal in the record.
000214:  Retention Warning: Advised of deficiency (Larceny.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
000222:  NJP for violation of UCMJ, Article 134: Breaking restriction on 13Feb00.
         Award: Restriction for 20 days. No indication of appeal in the record.
000224:  Applicant diagnosed with (1) Adjustment disorder with depressed mood, (2) Alcohol abuse, (3) Personality disorder, not otherwise specified (antisocial, avoidant). The evaluating psychologist recommends administrative separation due to unsuitability in accordance with MILPERSMAN 1910-122. This service member is not mentally ill and is returned to duty. However, the service member does manifest a long-standing disorder of character and behavior which is of such severity as to interfere with serving adequately in the Navy. If the command chooses to follow this recommendation, processing for administrative separation under this article requires, in addition to the current diagnosis, documented interference with the performance of duties and documented counseling.
000410:  Drug/Alcohol dependency evaluation: Applicant found not to be alcohol dependent.
000410:  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.
000410:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
000531:  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 000518 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). However, the Board found the reason for separation improperly assigned.

The record shows the applicant was evaluated by competent medical authority to have a personality disorder and was subsequently processed for separation due to the diagnosed disorder. The applicant’s personality disorder, however, was not documented to be of such severity as to render him a continuing risk to harm self or others and therefore warrant immediate separation. Accordingly, the applicant’s command was required to issue an administrative counseling/discharge warning, thus affording the applicant the opportunity to correct his deficiencies. This was not done. Instead, the applicant was discharged with a General under Honorable conditions discharge, by reason of Personality Disorder.

After review of the applicant’s service record, it is evident that the characterization of service as General (Under Honorable Conditions) was appropriately assigned but the basis for discharge was improper. The applicant’s service was marred by three separate NJP’s-including violation of Article 134 (Indecent Language), Article 121 (Larceny), and Article 134 (Breaking Restriction- in this enlistment). Along with his misconduct, the applicant’s performance average was only 1.8 on a 5.0 scale. The Board voted unanimously that the character of discharge shall not change but voted unanimously to change the reason for separation to Secretary Plenary Authority. Partial relief is warranted.

 Issue 1 states that the discharge was improper because he wanted to finish his enlistment, he is having problems receiving benefits, and has completed a welding course and is employed in the field, and he has applied for citizenship and is awaiting formal naturalization procedures. While the applicant’s desire to finish his enlistment is noted, the record shows that the applicant could not continue service due to his personality disorder and misconduct. Relief based on this issue is not warranted.


Issue 2 states that the applicant is having difficulty receiving benefits. This is unfortunate, however, it does not form a basis for which the Board will grant relief. The Board is under no obligation and will not grant relief to allow a former service member to obtain veteran’s benefits. Relief is not warranted.

 Issue 3 states that the applicant is currently employed as a welder and in the process of gaining his citizenship. The Board determined this is a non-decisional issue. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. 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 the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. Outstanding post-service conduct, 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, may be considered by the NDRB. The applicant failed to provide documentary evidence to demonstrate his positive community service, employment history, and clean police record. Relief is not warranted.

The applicant 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 recommended .

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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