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NAVY | DRB | 2002_Navy | ND02-01297
Original file (ND02-01297.rtf) Auto-classification: Denied


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

ex-PNSN, USNR
Docket No. ND02-01297

Applicant’s Request
The application for discharge review, received 20020912, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to “medical problems.” The Applicant requested a documentary record discharge review. The Applicant designated the American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20030828. 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 and reason for discharge. The Board’s vote was unanimous that the character and reason for 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 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 DD Form 214
Applicant’s letter to the Board, dated August17, 2002
Pennsylvania State Police Criminal Record Check
Character Reference letter from Pastor, dated June 30, 1996
Administrative Discharge processing package (4 pages)
Adverse Performance Evaluation Report, dated August 16, 1996
Four Performance Evaluation Reports
Letter of Appreciation, OIC, PSAD, Barbers Point,, dated November 29 1995
Certificate of Management Excellence Award,, dated November 13, 1995
Mental Health Evaluation, dated July 16, 1996 (4 pages)

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: 940323*              Date of Discharge: 960816

 Length of Service (years, months, days):

         Active: 02 03 05
         Inactive: 00 01 20

 Age at Entry: 26                          Years Contracted: 8

 Education Level: 12*              AFQT: Unavailable

 Highest Rate: PNSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.8 (1)     Behavior: 4.0 (1)                 OTA: 3.8 (4.0 evals)
3.0 (2) 2.0 (2) 2.42 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Marksman Pistol Ribbon

 Days of Unauthorized Absence: None

*Unable to verify, documents not contained in service record.

 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 :
 940512:  Commenced 36 months active duty.

 960722:  Pearl Harbor Mental Health Clinic: This is the first mental health evaluation for this 20 year old, single, black female, E-3/AD/USN with 2 years 2 months continuous active duty service, assigned to PSD, NAS, Barbers Point, HI, who was referred by her command’s medical department for evaluation of psychological problems. Chief Compliant – “The Navy is depressing me and I will only continue to sink.”
Diagnoses:
AXIS I: Occupational Problem, Cocaine Dependence, in Sustained Full
Remission.
AXIS II: Personality Disorder, NOS with Histrionic, Narcissistic, and
Passive-Aggressive features (Principal Diagnosis)
AXIS III: No known contributory illnesses
AXIS IV: occupational problems
AXIS V: Current GAF: 55
Conclusions and Recommendations:
This service member has a longstanding disorder of character and behavior, which is of such severity that it renders her UNSUITABLE FOR FURTHER MILITARY SERVICE. This is not a condition which would require medical board or further evaluation prior to disposition. SHE SHOULD BE PROCESSED EXPEDITIOUSLY FOR AN ADMINISTRATIVE DISCHARGE in accordance with NAVMILPERSMAN 3620225. While on active duty, THERE IS AN INCREASED RISK OF HARM TO HERSELF OR OTHERS due to her inability to effectively cope with the military environment. Short-term mental health treatment for her condition is of limited benefit, and long-term treatment is not available within the military. Hospitalization is not currently required, but may be necessary if there is a further decline in her mental state. She should not be given access to weapons, and is non-deployable.
Pt is scheduled for follow up with Dr. A_ on 24 Jul @ 1400. Pt has been advised of these findings, understands, and agrees to comply.
960801:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder as evidenced by mental health evaluation of 22 July 1996 and Fraudulent Enlistment due to previously undisclosed drug usage.
960802:  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.
Undated/:        Commanding Officer recommended discharge by reason of convenience of the government on the basis of a diagnosed personality disorder.

ADMIN DISCHARGE PACKAGE NOT CONTAINED IN SERVICE RECORD

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960816 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).

 Issue 1: 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. 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, a positive employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence that the Applicant is living a drug free life style, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct. At this time, the Applicant has not provided sufficient verifiable documentation of good character and conduct to warrant an upgrade to honorable. Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. 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 “ 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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