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NAVY | DRB | 2003_Navy | ND03-00029
Original file (ND03-00029.rtf) Auto-classification: Denied


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

ex-ET3, USN
Docket No. ND03-00029

Applicant’s Request
The application for discharge review was received 20021007. The Applicant requests the reason for the discharge be changed to Secretarial Authority. The Applicant requests a personal appearance hearing before the board in the Washington National Capital Region. The Applicant did not list any representative on the DD Form 293. Subsequent to the application, the Applicant obtained representation from the Veterans of Foreign Wars.

Decision

A personal appearance discharge review was conducted in Washington D.C. on 20040323. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the narrative reason for separation shall not change. The discharge shall remain: HONORABLE/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
 Applicant’s issues, as submitted by the Applicant’s representative:

“1. Propriety
2. Post-Service Conduct”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
History of assignments NTC-SD-1070/10
Application for degree, Mesa Community College
Character Reference, dated Aug 22, 2003
American Red Cross certificate of completion (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     860920 - 861116  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 861117               Date of Discharge: 881121

 Length of Service (years, months, days):

         Active: 02 00 05
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 78

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA*                          Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

* No Marks Available for review
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

HONORABLE/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

880929   Applicant diagnosed with an adjustment disorder with mixed emotional features and personality disorder not otherwise specified, with antisocial, passive, aggressive, and narcissistic features. 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.

881102:  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 medical record entry dated 29 September 1988.
881102:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
881107:  Commanding Officer directed honorable discharge 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 in accordance with NAVMILPERSMAN, Article 3620200. Commanding Officer’s comments (verbatim): [Originally, ET3 B_ (Applicant) reported to this command enroute to his ship, USS McINERNEY. In reliance upon the recommendations of the medical officer as set forth in enclosure (4), I have determined that ET3 L_ K_ B_ (Applicant) suffers from adjustment disorder with mixed emotional features, depression and anxiety, and with suicidal identical, passive, aggressive, and narcissists features. ET3 B_ personality disorder is so severe as to render him incapable of serving adequately in the Navy. He stated he would attempt suicide rather than go on board a ship and he has a history of impulsive anti-social behavior, including his latest suicidal gesture (in medical officer’s report). ET3 B_ has made a contract with the medical officer not to harm himself as long as he would be processed from the navy. The medical officer in return has recommended immediate process of ET3 B_. Therefore, in accordance with reference paragraph 1.f.(3) of reference (b) and the medical officer recommendation, I have determined that ET3 B_ is eligible for separation without the inclusion of a Page 13, Administrative Warning. I hereby authorized ET3 B_’s separation from the naval service for the convenience of the Government by reason of a Personality Disorder and that the discharge be an Honorable discharge.]

020312:  Board for Correction of Naval Records denied Applicant’s application.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19881121 with a characterization of honorable 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 NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents that a personality disorder was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why he was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief denied.

Issue 2: 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, and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted. The Board determined that the documentation submitted by the Applicant did not warrant a change to the narrative reason. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560A, Change 5, effective
15 Jun 87 until 10 Jan 89), Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.
B . NAVOP 013/87 (CNO 201614ZFEB87) Delegated authority to Special Court-Martial Convening Authorities (SPCMCA's) to administratively separate enlisted members in certain circumstances. Authority was delegated for separation of enlisted members with Honorable, General, or Entry Level discharges for the following reasons where member does not object to the separation.

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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