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NAVY | DRB | 2002_Navy | ND02-00249
Original file (ND02-00249.rtf) Auto-classification: Denied


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

ex-FA, USNR
Docket No. ND02-00249

Applicant’s Request
The application for discharge review, received 020114, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021008. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB did discern an impropriety and inequity in the characterization of the Applicant’s service. The Board’s vote was unanimous that the character and reason for the discharge shall change. The discharge shall change to: HONORABLE/SECRETARY PLENARY AUTHORITY, authority: NAVMILPERSMAN, Article 3630900, and separation code “JFF.”

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. I was told on day of discharge that within 60 days of discharge, the discharge would automatically be up-graded to Honorable. Here it is almost 10 years later it has not ever been changed. For this loss of time in the process, I cannot receive my GI Bill to help me pay for schooling. No VA benefit where offered to me. No VA card so I could receive medical treatment for dental, regular doctor visits for physical/mental condition. I even filed for disability 3 times through the VA and never was given a % of disability when I first filled back in 1992. I need this issued resolved. I still have not received a military lawyer I requested for wile in military hospital in August 1992 because my military rights where violated. I still fill me rights have been violated. Thank you

 Documentation
Applicant did not provide any additional documentation for the Board to consider, therefore, only the Applicant's service and medical records were reviewed.

PART II - SUMMARY OF SERVICE

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

 Period of Service Under Review :
Date of Enlistment: 910605               Date of Discharge: 920817

 Length of Service (years, months, days):

         Active: 01 02 06
         Inactive: 00 00 07

 Age at Entry: 21                          Years Contracted: 8

 Education Level: 12                        AFQT: 43

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.0 (1)     Behavior: 3.4 (1)                 OTA: 3.8*

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

* Marks warrant Honorable discharge characterization.

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

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

910612:  Commenced 24 months active duty under the 2 Year Fireman Apprenticeship Training Program.
91xxxx:  Recruit Training Command Orlando, Retention Warning: Advised of deficiency (demonstrated unsatisfactory performance and/or conduct as evidenced by incapability to complete training due to failure to successfully pass tests in the Fireman Apprentice course), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
920219:  Record of Counseling for responsibilities (left eye appointment, eyes were dilated, member proceeded to his barracks room without reporting to SUSTAIN (AFDM 7) medical). Corrective actions provided.
920622:  Record of Counseling (member received 2 bad check letters, has not resolved this issue satisfactorily). Corrective actions provided.

920714:  Admitted to Naval Hospital Portsmouth VA, Psychiatric Care: Referred by command.
 PRIMARY DIAGNOSIS: AXIS II - Personality Disorder, NOS, with Schizotypal and Borderline features.
920717:  Medical Record Entry. The patient (Applicant) has a lifelong pattern of maladaptive behavior that existed prior to entry into the service that renders him incapable of serving adequately.
920717   Discharged from Naval Hospital Instructions: Attending psychiatrist advises consideration of administrative separation for unsuitability. Member not considered mentally ill and returned to Full duty. This individual does manifest a long-standing disorder of character and behavior, which is of such severity as to interfere with serving adequately in the Navy. Processing for administrative separation would require, in additional to this diagnosis, documented interference with the performance of duty and counseling. In the examiner's opinion, the patient does not possess a severe mental disease or defect for purposes of R.C.M. examination and is considered competent.
         DISCHARGE DIAGNOSIS: Axis I: No diagnosis, Axis II: Personality Disorder NOS with Borderline and Schizotypal features, Axis III: None
         DISPOSITION: Return to full duty. Discharged to parent command.

920723:  Psychiatric Follow-Up: Follow-up after being discharged from Portsmouth Naval Hospital 17 Jul 92. Patient (Applicant) doing well readapting to shipboard life, patient pursuing early out, as he desires to return home to help take care of his mother, mainly concerned about getting out.
         IMPRESSION: Axis I - No diagnosis, Axis II - Personality Disorder NOS with Borderline and Schizotypal traits, Axis III - No diagnosis.
         RECOMMENDATION: Outpatient follow-up as needed. Patient given number to contact Sewells Point Clinic in crisis, or can return to Portsmouth Naval Hospital ER. Patient to pursue early discharge, through early out, hardship, psychiatric recommendation for administrative separation, plan explained & discussed with patient, who understands & concurs.
920729:  Record of Counseling (private indebtedness - command received letter of indebtedness from creditor claiming member overdue in paying a debt). Corrective action provided.
Note: No record of counseling/retention warning in official record documenting how personality disorder has effected performance, nor did a period of time elapse for the Applicant to correct any deficiencies as specifically related to his personality disorder.

 920730:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of convenience of the government on the basis of a diagnosed personality disorder manifested by a longstanding disorder of character and behavior as evidenced by medical consultation sheet of 17 July 1992.
920730:  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. Applicant did not object to the separation.
920814:  Commanding Officer, SUSTAIN (AFDM 7) advised BUPERS that Applicant was discharged on 17 August 92 with a General (Under Honorable Conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 920817 under honorable conditions (general) 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 improper and inequitable (D and E).

 Issue 1: There is no law or regulation that provides for an automatic upgrade to a discharge characterization. Military Law provides for a review by the service department on it’s own behalf or upon request of a former service member, or if he is dead, surviving spouse, next of kin, or legal representative.

In the case of the Applicant, the Board found that the Applicant was diagnosed by competent medical authority with a Personality Disorder of such severity as to interfere with his serving adequately in the Navy, he was subsequently recommended for an administrative separation, however, there is no evidence in the official record to indicate that the Applicant was properly counseled concerning his diagnosed personality disorder, how it effected his performance, or how to improve his deficiencies, nor was he given r easonable opportunity to undertake any recommended corrective action. The fact that the Applicant wanted to be separated does not negate the fact that the discharge was improperly processed. In addition, characterization of Under Honorable Conditions (General) is inequitable because the Applicant’s performance evaluations warrant a characterization of Honorable, therefore, relief is granted.

Issue 2: The Veterans Administration determines eligibility for post-service benefits, not the NDRB. Relief not warranted.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 04 Mar 1993, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 04 Mar 1993, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - 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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