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NAVY | DRB | 2001_Navy | ND01-01104
Original file (ND01-01104.rtf) Auto-classification: Denied


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

ex-OSSA, USN
Docket No. ND01-01104

Applicant’s Request
The application for discharge review, received 010820, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized and the reason for the discharge be changed. The applicant requested a personal appearance hearing discharge review before a traveling panel closest to Atlanta, GA. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearings are held in the Washington, DC Area. The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020619. 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 and narrative reason 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. Enclosed is a copy of my DD-214 and DD-257N where as I have notice that I have a General Discharge (Under Honorable Conditions) but the narrative reason for separation was personality disorder which for one is a mental medical reason, two before and now I am of sound mind & body and has become an obstacle in the search for employment plus is also deformation of character. Not only is the claim on my mental state untrue but lack of any evidence before joining the armed forces or during anytime of service. Also I am mentally unstable from US Navy I should be receiving some percentage of compensation. Thank you for your time.

 Documentation
In addition to the service record, ONLY A PARTIAL DISCHARGE PACKAGE WAS MADE AVAILABLE BY LAST COMMAND, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of Discharge Certificate (General Discharge)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     990216 - 990223  COG

 Period of Service Under Review :
Date of Enlistment: 990224               Date of Discharge: 000128

 Length of Service (years, months, days):

         Active: 00 11 05
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 59

 Highest Rate: OSSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.00 (1)    Behavior: 1.00 (1)                OTA: 1.33 (5.0 Evals)

 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 :

990225:  You are being retained in the Naval service, despite your fraudulent induction as evidenced by your failure to disclose required basic enlistment eligibility information. This decision is based on the information you provided to the Recruit Quality Assurance Interviewer and if it is found that additional information has not been disclosed, this waiver is void and you could be subject to other judicial or administrative proceedings, ie., No seatbelt, 9/97, Charlotte, NC, paid $25.

990701:  Retention Warning: Advised of deficiency (VUCMJ, Article 86: Unauthorized absence; Article 92: Failure to obey order or regulation), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990701:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful general order, being told by his instructor, to return to school for afternoon clean-up; violation of UCMJ Article 86: In that on or about 1215, 990625, without authority, absent himself from his organization, and did remain so absent until on or about 0730, 990626.
         Award: Forfeiture of $150.00 pay per month for 1 month(suspended for 6 months), restriction and extra duty for 14 days. No indication of appeal in the record.
990928:  Retention Warning: Advised of deficiency (Improper Military Conduct, to wit: Leaving liberty partner, False official statements), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

000114:  NJP for violation of UCMJ, Article 92: Failure to obey lawful order or regulation.
         Award: Forfeiture of $465.00 pay per month for 2 months, restriction and extra duty for 30 days. No indication of appeal in the record.

000125:  Psychological Evaluation: Applicant diagnosed with Occupational problems and Antisocial Personality Disorder (301.7). 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 [Extracted from case file].

000126:  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 psychological evaluation dated 000125. [Extracted from case file].
000126:          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 [Extracted from case file].

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000128 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).

Issue 1. An uncharacterized discharge is only authorized for members who are separated in an entry level status. The applicant does not qualify. A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he applicant’s service was marred by award of nonjudicial punishment (NJP) for offenses triable by court-martial on two occasions and adverse counseling entries on other occasions. The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. Relief denied.

 On 000125, the applicant was diagnosed by a competent medical authority with Occupational problems and an Antisocial Personality Disorder (301.7). 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. No other narrative reason more clearly describes the circumstances surrounding the applicant’s processing for administrative separation. The Board does not consider the circumstances surrounding the applicant’s stated condition and implied incorrect diagnosis to be of sufficient nature to warrant an upgrade to his characterization of service. The Veterans Administration determines eligibility for post-service benefits, not the NDRB. Relief denied.

The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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. 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 at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.




Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective
27 March 2000 until 13 Aug 2001, 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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