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NAVY | DRB | 2003_Navy | ND03-00323
Original file (ND03-00323.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND03-00323

Applicant’s Request
The application for discharge review was received on 20021219. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant listed the American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20031121. 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 character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“1) I would like to return to the Armed Forces, because I always wanted to defend my country. I feel my reason for discharge was a misunderstanding, And I would like the chance to better myself more I feel that I could be a good asset to my country.

2) Also, I would like for my Re-entry code to be changed so I can re-enlist in the military. As of now my re-entry code is RE-4 and I can not Re-enter the military with this code. I need this re-entry status change as well as you consider my discharge upgrade.

Applicant marked the block “I PREVIOUSLY SUBMITTED AN APPLICATION ON (ENTER DATE) AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES. No previous application found.

Additional issues submitted by Applicant’s counsel/representative (American Legion):

“3. (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:
Sumter City-County Law Enforcement police record check, dated December 5, 2002
Job/character reference, dated November 6, 2002
Applicant’s DD Form 214
Appointment of Veterans Service Organization as Claimant’s Representative, dated December 10, 2002 (3 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     990119 - 990127  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 990128               Date of Discharge: 000322

 Length of Service (years, months, days):

         Active: 01 01 15
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 33

 Highest Rate: Unknown

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                           Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: CGMUC, NEA, AFEM

 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 :

000311:  DD Form 214: Applicant discharged with a general (under honorable conditions) by reason of convenience of the government on the basis of a personality disorder, authority: NAVMILPERSMAN, Article 1910-122.

Discharge package missing from Applicant’s service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000322 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. (A). The Board presumed regularity in the conduct of governmental affairs since the Applicant’s service record is incomplete (B). 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 (C and D).
Issue 1 and 2: Concerning the Applicant’s reenlistment, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a general discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done during the processing of a formal application for enlistment through a recruiter.

Issue 3: 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. At this time, the Applicant has not provided sufficient verifiable documentation of good character and conduct to warrant an upgrade. Relief is not warranted.

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 24, effective
20 May 99 until 26 March 2000, 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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