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NAVY | DRB | 2002_Navy | ND02-00535
Original file (ND02-00535.rtf) Auto-classification: Denied


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

ex-IT2, USN
Docket No. ND02-00535

Applicant’s Request
The application for discharge review, received 020318, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region. The applicant listed a civilian counsel as the representative on the DD Form 293. In the acknowledgement letter to the applicant, she was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021206. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety in the applicant's discharge. The Board’s vote was unanimous that the character of the discharge shall change and four to one that the narrative reason for separation shall change. The discharge shall change to: HONORABLE /SECRETARIAL AUTHORITY, authority: NAVMILPERSMAN, Article 1910-164 (formerly 3630900).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. The received general discharge is improper and inequitable because the applicant's service record reflects her honorable service in the U.S. Navy. According to evaluation reports the applicant's performance traits have been considered mostly above standard or even greatly exceeding standards. The applicant has never been a subject to any disciplinary action and she has been awarded three times as following:
1. Armed Forces Service Medal in May 1998
2. Navy and Marine Corps Overseas Service Ribbon (1 st ) in May 1999
3. Good Conduct Award (1 st ) in September 2000

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from Applicant
Reference Letter from AC2 T_ E. B_
Reference Letter from R_ E_
Reference Letter from IT3 K_ T. R_
Letter of Recommendation from IT2 A_ D. M_
Reference Letter from IT2 L_ M. V_
Employment Reference Letter from J_ K. R_, Supervisor, American Eagle Airlines, Inc.
Employment Reference Letter from R_ B_, General Manager, American Eagle Airlines, Inc.
Employment Reference Letter from C_ H_, Lead Agent, American Eagle Airlines, Inc.
Copy of Performance Information Memorandum
Copies of Evaluation Report & Counseling Records (3 pages)
Copy of Awards Listing
Cover Letters from Law Office of M_ B_ (3 pages)


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     970825 - 970921  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 970922               Date of Discharge: 010105

 Length of Service (years, months, days):

         Active: 03 03 14
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4 (11 months extension)

 Education Level: 12                        AFQT: 86

 Highest Rate: IT2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (3)    Behavior: 4.00 (3)                OTA: 3.71

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, AFSM, NMCOSR

 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 :

001024:  Psychological evaluation:
                  Diagnostic Impressions (DSM IV)
                  Axis I: R/O Alcohol Dependence
                           R/O Alcohol-Induced Mood Disorder
                           R/O Major Depressive Disorder
                  Axis II: No Diagnosis
 Recommendations and Plan: Return to full duty. This member is psychologically fit for same. She is responsible for her actions. Strongly recommended patient be evaluated by the command DAPA as soon as possible.

001030:  Applicant diagnosed with Adjustment Disorder with depressed mood/Alcohol Abuse and Personality Disorder NOS with avoidant and narcissistic traits.
001031:  Applicant notified of intended recommendation for honorable discharge by reason of convenience of the government on the basis of a diagnosed personality disorder.
001031:  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.
001215:  Commanding Officer discharged applicant under honorable conditions (general) 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 010105 under honorable conditions (general) for convenience of the government on the basis of a diagnosed personality disorder (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 improper (C and D).

Issue 1. The Applicant was notified that an honorable discharge by reason of convenience of the government on the basis of a diagnosed personality disorder was the least favorable characterization of service she would receive. The award of a lesser discharge was improper. None of the clinical evaluations the applicant received concerning her personality disorder diagnosed the disorder as so severe that the member's ability to function effectively in the naval environment was significantly impaired, or that she posed a threat to the safety or well-being of herself or others. The applicant did not receive a retention warning concerning her personality disorder. Because of the above omissions, processing the applicant for separation by reason of a personality disorder was improper. Relief is granted and the narrative reason for separation is best described under Secretarial Authority.


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 “ 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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