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NAVY | DRB | 2002_Navy | ND02-00396
Original file (ND02-00396.rtf) Auto-classification: Denied


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


ex-HN, USN
Docket No. ND02-00396

Applicant’s Request
The application for discharge review, received 010205, 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. Subsequent to the application, the applicant obtained representation by the American Legion.

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, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted

1. (Equity Issue) This former member avers that the problems that generated his discharge, civil sexual misconduct, were unfounded with all charges being subsequently dismissed. In light of these events, he opines that his overall service record supports a fully honorable characterization of service.

2. (Equity Issue) This former member further requests that the Board include provisions 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 applicant's DD Form 214
Letter from Department of the Air Force to the applicant dated September 7, 2000
 Table of Contents (2 copies)
 Memorandum from applicant dated August 18, 2000
 Letter from applicant dated August 18, 2000
 Character reference from Judge from Circuit Court for Bay County dated August 21, 2000
Character reference from Reserve Deputy Sheriff dated July 20, 2000
 Character reference from Youth Pastor dated July 21, 2000
Character reference from applicant’s father dated July 24, 2000
Character reference dated August 24, 2000
Copy of memo re: law enforcement entrance exam (3 pages)
Letter from Dean, Florida State University dated May 16, 2000
Letter from Dean, Florida State University dated February 2, 2000
Letter from Dean of Student Development, Gulf Coast Community College dated June 5, 1998
Copy of Degree of Associate in Science dated December 17, 1998
Copy of Degree of Associate in Arts dated August 4, 1998
Copy of certificate of completion dated December 8, 1998
Copy of award of perfect attendance dated December 14, 1998
Copy of certificate from Zeta Beta Tau Fraternity dated February 15, 1999
 Copy of two cards from Alpha Phi Sigma and Zeta Beta Tau Fraternity
 Copy of order for the destruction of arrest records dated October 7, 1996
 Letter from attorney to applicant dated November 6, 1996
Letter from attorney to Sheriff on behalf of the applicant dated October 16, 1996
 Copy of local law enforcement records check dated August 18, 2000
Copy of request for criminal background check for the state of Florida dated July 28, 2000
Letter to applicant from Board for Correction of Naval Records dated December 4, 2000
Copy of Degree of Bachelor of Science dated December 16, 2000
Fourteen pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USNR (DEP)     940310 - 940503  COG
Period of Service Under Review :
Date of Enlistment: 940504               Date of Discharge: 960823

 Length of Service (years, months, days):
         Active: 02 03 20
          Inactive: None
Age at Entry: 19                          Years Contracted: 4
Education Level: 12                        AFQT: 86

 Highest Rate: HN
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (1)    Behavior: 3.00 (1)                OTA: 3.20        4.0 evals
 Performance: 3.00 (1)    Behavior: 2.00 (1)                OTA: 2.67        5.0 evals

 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 :

950516:  NJP for violation of UCMJ, Article 130: Housebreaking on 9 Jan 95 by unlawfully entering a room, the property of HA, with intent to commit a criminal offense, to wit: indecent assault, violation of UCMJ, Article 134: Assault - indecent on 9 Jan 95, to wit: commit an indecent assault upon HA, a person not his wife by laying on top of her with intent to gratify his sexual desires.
          Award: Forfeiture of $427 per month for 1 month, extra duty for 45 days, reduction to HR. Reduction suspended for 6 months. No indication of appeal in the record.
960712:  Applicant diagnosed with Axis I: Alcohol abuse, Axis II: Personality disorder not otherwise specified with schizotypal and antisocial traits. 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.

960719:  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 of such severity as to render the applicant incapable of serving adequately in the naval service as evidenced by a psychological evaluation on 12 Jul 96.

960723:  Psychiatric follow up: Recommend applicant go to Level II before separation.
960823:  DD Form 214: Applicant discharged under honorable conditions (general) by reason of convenience of the government on the basis of a personality disorder in accordance with NAVMILPERSMAN, Article 3620200.
Partial discharge package missing from case/service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960823 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 proper and equitable (D and E).
Issue 1. The Board found that the fact the applicant’s civilian criminal charges were dropped does not provide a basis for invalidating his psychiatric evaluation in July, 1996. 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) on one occasion and his inability to fulfill his service contract. 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 the naval service, and falls short of that required for an honorable characterization of service. The Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his immaturity and youth were factors that contributed to his actions, the record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. An upgrade to honorable would be inappropriate. Relief denied.

Issue 2. 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, enhancement of career opportunities, or good conduct in civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence that the applicant is drug free, are examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. 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. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 13, effective 24 June 1996 until 02 Oct 1996), 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 “ 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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