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NAVY | DRB | 2002_Navy | ND02-00204
Original file (ND02-00204.rtf) Auto-classification: Denied


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

ex-SA, USNR
Docket No. ND02-00204

Applicant’s Request
The application for discharge review, received 020103, requested that the reason for the discharge and the re enlistment code be changed. 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 020731. 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: ENTRY LEVEL SEPARATION/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. At the time of my discharge I was only (17) years of age and only in boot camp for 21 days. Consent form was signed by my mother due to not being legal age to sign.

2. Paperwork which indicates sickness in family. Company commanders performance remark sheet, and discharge instruction sheet from doctor at Mariners Hospital at Orlando, FL. This can prove I was not insane, went AWOL, committed murder, treason, or any other unlawful act including drugs.

3. Demonstrating my principles, stability in job performance, community service, and responsibility.

4. My consistancy and willingness to keep trying to correct this vital mistake in my past, even after so many years.

5. I am currently working along side I.N.S. as a detention officer and would like to be re enlisted as a reservist.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of applicant's DD Form 214 (2 copies)
Statement from applicant dated December 7, 2001
Copy of applicant's employment history (2 copies)
Copy of U.S. Immigration identification card (2 copies)
Letter of recommendation from Assistant Principal dated January 10, 1996 (3 copies)
Character reference dated January 8, 1996 (2 copies)
Character reference dated January 4, 1996 (3 copies)
Character reference dated January 7, 1995 (2 copies)
Character reference dated January 9, 1996 (3 copies)
Character reference, undated
Letter to congresswoman dated June 25, 1991 with attachments (5 pages)
Copy of remembrance card of family member (2 copies)
Copy of newspaper obituary (2 copies)
Three pages from applicant's service record (2 copies)
Copy of shipping label mailed May 17, 1999
Letter from applicant dated January 12, 1996 (3 copies)
Copy of Privacy Act consent form dated January 31, 1991 (2 copies)
Statement from applicant (2 copies)
Statement from applicant dated October 16, 2001
Copy of statement from applicant dated May 17, 1999
Copy of two pages of questionnaire
Letter from Congress of the United States dated June 10, 1991
Letter to United States House of Representatives dated June 25, 1991
Copy of driver's license
Copy of security officer identification card
Copy of statewide firearm license
Copy of applicant's social security card
Copy of birth registration card
Copy of city of Hialeah Civilian Identification Card
Letter to applicant dated January 22, 1997
Character letter dated November 16, 1993
Thank you certificate from American Red Cross
Copy of oath of office dated January 26, 1996
Copy of certificate of appreciation dated December 5, 1994
Copy of award of merit dated March 25, 1997
Copy of certificate of recognition dated August 7, 1996
Copy of certificate dated April 2, 1997
Copy of certificate dated April 29, 1998
Character reference dated December 31, 1991
Copy of certificate dated February 23, 1996
Copy of progress report dated January 5, 1998
Copy of progress report dated October 1, 1997
Copy of progress report dated July 3, 1997

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: 890524                        Date of Discharge: 900129

 Length of Service (years, months, days):

         Active: 00 00 22
         Inactive: 00 07 13

 Age at Entry: 17 Parental Consent                Years Contracted: 8

 Education Level: 12                                 AFQT: 34

 Highest Rate: SA

 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: None

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

ENTRY LEVEL SEPARATION/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

900108:  Applicant ordered to active duty for 36 months under the Active Mariner Program.
900117:  Psy chiatrist strongly recommended separation. Applicant made suicidal threats in order to go home. Applicant was considered self-destructive and a continuing risk of harm to self.

900118:  Applicant notified of intended recommendation for discharge entry level separation 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.
900118:  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.
900123:  Commanding Officer directed discharge entry level separation 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 900129 entry level separation 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 and equitable (D and E).

Issue 1. The Board found no injustice concerning the applicant’s enlistment. Relief denied.

Issue 2. The applicant was diagnosed with a personality disorder after making suicide threats by a competent medical authority. No other narrative reason more clearly describes the circumstances surrounding the applicant’s processing for administrative separation. The applicant did not object to his involuntary separation at the time. 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. Relief denied.

By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “Uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization. The applicant’s service record did not contain any unusual circumstances during his less than one month on active duty in the military to warrant a change of discharge. With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization. Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.

Issues 3-5. 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. Relief not warranted.

The applicant 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. 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 15560A), Change 9, effective
14 Dec 89 until 13 Jun 90, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.
B . NAVOP 013/87 (CNO 201614ZFEB87) Delegated authority to Special Court-Martial Convening Authorities (SPCMCA's) to administratively separate enlisted members in certain circumstances. Authority was delegated for separation of enlisted members with Honorable, General, or Entry Level discharges for the following reasons where member does not object to the separation.

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 “ 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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