Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-00883
Original file (ND02-00883.rtf) Auto-classification: Denied


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

ex-HN, USN
Docket No. ND02-00883

Applicant’s Request
The application for discharge review, received 020607, 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 030410. 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. I feel my discharge was inequitable because it was caused by a Personality Disorder caused by the military and I request an upgrade to Honorable Discharge.

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:

Letter of Recommendation from Supervisor dated March 23, 2000
Certificate of Completion (Medical Assistant) dated March 20, 2002
Certificate of Completion (Medical Assisting Program) January 14, 2001-February 14, 2002
Letter of Recommendation from A_ M_, A.S., CMA dated February 14, 2002
Letter of Recommendation from W_ S_-E_ MA Program Director dated February 14, 2002
Certificate of Excellence dated February 12, 2002
Letter of Recommendation from Dr. M_ T. S_ Executive Director dated March 20, 2002
Transcript
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     900405 - 901002  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 901003               Date of Discharge: 930816

 Length of Service (years, months, days):

         Active: 02 10 14
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 73

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.52 (5)    Behavior: 3.52 (5)                OTA: 3.44

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC

 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 :

NO DISCHARGE PACKAGE ON SERVICE RECORD.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930816 with a 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 and equitable (D and E).

Regarding the member’s first issue, the Board disagreed with the Applicant's contention that he is entitled to an upgrade because his discharge was based on a personality disorder. When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. Per reference (B), the characterization of a member who is discharged with a personality disorder, should be based on the member’s service record. T he Applicant’s service record was marred by a poor performance evaluation just prior to his discharge when he received a 1.0 for military bearing. In addition, the Board noted the member’s medical record states that the member was counseled 2-3 times for performance-related issues. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his failure to meet the requirements of a discharge characterized as Honorable. Relief is not warranted.

Responding to the Applicant’s second issue, the NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides that a discharge may be upgraded based solely on the passage of time, or good conduct in civilian life subsequent to leaving the service. Normally, to permit relief, an error or inequity must have been found to have existed during the period of enlistment in question. No such error or inequity is evident in the applicant’s service record. Outstanding post-service conduct, 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, can be considered. In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships. In reviewing the applicant’s post service, the Board was impressed with the efforts he has begun to make. However, the Board did not feel that his efforts rose to the level required to upgrade his discharge. Therefore, relief will not be granted at this time. The applicant is reminded that he remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at a personal appearance hearing is encouraged but not required.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 05 Mar 1993 until 21 Jul 1994, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560C, Change 5, effective 930305 - 940721), 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

Similar Decisions

  • NAVY | DRB | 2002_Navy | ND02-00071

    Original file (ND02-00071.rtf) Auto-classification: Denied

    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. The Board found that in the Applicant’s case, the characterization of service should have been the “type warranted by service record.”...

  • NAVY | DRB | 2002_Navy | ND02-00729

    Original file (ND02-00729.rtf) Auto-classification: Denied

    ND02-00729 Applicant’s Request The application for discharge review, received 920430, requested that the characterization of service on the discharge be changed to honorable. The characterization for separation is General (Under Honorable Conditions).] Though the record is incomplete, normally there will be something to indicate less than acceptable performance, but such is not the case here.

  • NAVY | DRB | 2001_Navy | ND01-00932

    Original file (ND01-00932.rtf) Auto-classification: Denied

    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 applicant can provide additional documentation to support any claims of post-service accomplishments at that time. 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...

  • NAVY | DRB | 2001_Navy | ND01-01160

    Original file (ND01-01160.rtf) Auto-classification: Denied

    Did not object to separation.920224: Commanding officer, NTC Staff, Orlando, advised BUPERS the applicant was approved for discharge with a general (under honorable conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder and he represents a continuing risk to self or others if retained in the naval service. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 920225 under honorable...

  • NAVY | DRB | 2002_Navy | ND02-00396

    Original file (ND02-00396.rtf) Auto-classification: Denied

    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...

  • NAVY | DRB | 2004_Navy | ND04-00016

    Original file (ND04-00016.rtf) Auto-classification: Denied

    ND04-00016 Applicant’s Request The application for discharge review was received on 20031001. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. In the absence of a complete discharge package, the Board presumed regularity in the conduct of governmental affairs (B) and, after a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and...

  • NAVY | DRB | 2002_Navy | ND02-00945

    Original file (ND02-00945.rtf) Auto-classification: Denied

    900202: Naval Medical Clinic, NAS North Island, CA: This 23 year old female technician (Applicant) from Oregon, 12 years formal education, 12 months active duty in the U.S. Navy, married 18 months, unable to [provide] her husband's location, one child from previous relationship is referred to this facility for clinical evaluation following suicidal ideation yesterday and probable suicidal gesture prevented by her roommate. Pt (Applicant) referred to Psychiatry Naval Hospital San Diego for...

  • NAVY | DRB | 2000_Navy | ND00-00725

    Original file (ND00-00725.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 BCNR's ltr to Applicant dated Feb 23, 2000 advising applicant to petition NDRB 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: 951019 Date of Discharge: 970317 Length of Service (years, months, days):Active: 01 02...

  • NAVY | DRB | 2001_Navy | ND01-01135

    Original file (ND01-01135.rtf) Auto-classification: Denied

    However I was employed with the U.S. Post Office for approximately three days, while in training I was released from my duties, stating there was something wrong with my application. Thank you: R_ A. M_ (Applicant) 2. The applicant’s issues state he is unable to obtain good jobs because of the reason for discharge recorded on his DD 214.

  • USMC | DRB | 1999_Marine | MD99-01061

    Original file (MD99-01061.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Memorandum from Dr J_ L_ S_ M.D., Colonel, U.S. Army, Medical Corps Psychiatrist (2 copies) Letter from the Honorable Mr. P_ to Board of Correction of Naval Records dated May 12, 1999 Letter from Dr. S_ A. M_, M.D recommending overturning discharge to honorable dated October 15, 1998 USMC Medical Records (23 pages). After a thorough review...