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NAVY | DRB | 2002_Navy | ND02-00071
Original file (ND02-00071.rtf) Auto-classification: Denied


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

ex-RM3, USNR
Docket No. ND02-00071

Applicant’s Request
The application for discharge review, received 20011015, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. The Applicant listed American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20031003. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern an inequity in the characterization of the Applicant’s service. The Board’s vote was four to one that the character of the discharge shall change. The discharge shall change to: HONORABLE CONDITIONS/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Issues submitted by Applicant were summarized by his counsel/representative (American Legion) and presented as follows:

 “1. (Equity Issue) This former member opines that his overall service record satisfies the Navy’s regulatory guidance for a fully honorable discharge.

2. (Equity Issue) This former member further requests that the Board include provision of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application”.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
College Enrollment Agreement (2 pages)
Private Loan Program in-school Deferment
Letter from Applicant dated November 27, 2001
Letter of Recommendation from Pastor O_ K. P_, Sr. dated November 26, 2001
Character Reference Letter from P_ W_, General Manager American Digital System dated, November 16, 2001
Character        Reference Letter from M_ V. S_, dated November 24, 2001
Character Reference Letter from L_ M_, Youth Sponsor, Mt Zion Missionary Baptist Church dated November 20, 2001
Character Reference Letter from Deacon T_ A. M_, Jr, Mt Zion Missionary Baptist Church dated November 15, 2001
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

 Period of Service Under Review :
Date of Enlistment: 910621               Date of Discharge: 950120

 Length of Service (years, months, days):

         Active: 03 02 16
         Inactive: 00 04 14

 Age at Entry: 20                          Years Contracted: 8

 Education Level: 12                        AFQT: 46

 Highest Rate: RM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (6)    Behavior: 3.73 (6)                OTA: 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 3620200.

 Chronological Listing of Significant Service Events :

950117:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of personality disorder as evidenced by a psychiatric evaluation given by LT. S_ J_, USNR, MC, on 9 January 1995.
950117:  Applicant advised of 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.

950120:  Retention Warning: Advised of deficiency (Substandard appearance, personal behavior, private indebtedness), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
950122:  Commanding Officer recommended discharge with a general (under honorable conditions) by reason personality disorder as evidenced by a psychiatric evaluation conducted on 9 January 1995.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19950120 with a characterization of 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 and B). The Board presumed regularity in the conduct of governmental affairs (C). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but not equitable (D and E).


 Issue 1. The Board found that in the Applicant’s case, the characterization of service should have been the “type warranted by service record.” A review of the Applicant’s records indicated an honorable discharge was warranted. There was no adverse information that would have warranted a less favorable characterization. Therefore, relief is granted.
Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 23 Jun 96, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 2 Oct 96, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT ON THE 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

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