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NAVY | DRB | 2003_Navy | ND03-00452
Original file (ND03-00452.rtf) Auto-classification: Denied


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

ex-ET2, USN
Docket No. ND03-00452

Applicant’s Request
The application for discharge review was received on 20030124. 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 did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040212. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an impropriety in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was four to one that the character of the discharge shall change. The discharge shall change to: HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620225.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

 1. “I respectfully request that my military records be reviewed. I ask that my discharge status be upgraded from General under honorable conditions to full Honorable. My records should more than indicate that during my service I conducted myself to the highest standards. Even starting out in boot camp I was Yeoman. I was never in trouble, tardy, and always performed my duties to the best of my abilities with little to no supervision. I was awarded the good conduct medal, was a Staff Pick up at Prototype in Ballston Spa due to my work habits attention to detail and ability to help others. I took on much extra training during my stay in Ballston Spa to better my career. I think you will find that up until a personal blow from personal family matters that my military service was exemplary. In my eyes discharge was the only way to save my marriage and provide the best home for my young child. That is how I was raised Family before anything. We were divorced 2 years after my separation. But I feel that I gave it my all just as I did for the military and just as I do now for my current employer. Attached is my latest evaluation and I am sure you will find this to be true. The following information is only to clearly display the full picture and have nothing to do with my military service. I am including them because I feel with the full picture people can have a better understanding of a person and I am not ashamed of the person which I am nor have I been. My Family life during the time and morals and commitments to them should show devotion to the things that matter to me. Other life changing factors have since taken place years after my discharge that were never a factor nor did they come into play during my service and the court documents are only included to prove the evaluations are in fact mine. I never engaged in homosexual activities nor thought about it while in the service. These changes came in 2000 I still do not consider myself gay. I do however live as a woman in all facets of life. I am a strong person who is honest, committed, and has integrity, These factors led me to succeed in the military and have helped me in current situations where most are confronted with hatred, and shunned for being different. I lead and exemplary life and feel any coworker or superior will say the same. I wish to continue my education and better myself technically, I am including a the phone number to my immediate manager should there be any logistical information that can be obtained from her. D_ K_ (telephone number deleted). Thank you for your time and patience Sincerely K_ S_ (AKA J_ S_)”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Employee Performance Evaluation, dated September 6, 2002 (4 pages)
Order for Change of Name, dated July 11, 2001
Training Certificate, dated January 13, 2003
Character/job reference, dated March 13, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     930308 - 930503  COG
         Active: USN                        930503 - 950706  HON

 Period of Service Under Review :
Date of Enlistment: 950707               Date of Discharge: 970815

 Length of Service (years, months, days):

         Active: 02 01 09
         Inactive: None

 Age at Entry: 23                          Years Contracted: 6

 Education Level: 12                        AFQT: 94

 Highest Rate: ET2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (1)    Behavior: 4.00 (1)                OTA: 3.57

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, NDSM, Letter of Commendation (2)

 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 3620225.

 Chronological Listing of Significant Service Events :

950707:  Applicant reenlisted for 6 years.

970804:  Applicant diagnosed with personality disorder, NOS manifested by suicidal thoughts, dependency, impulsivity, poor stress coping skills. 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.

970808:  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 of such severity as to render the Applicant incapable of serving adequately in the naval service.
970808:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
970815:  Commanding Officer directed discharge with a general (under honorable conditions) 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970815 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 (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 Board found that in the Applicant’s case, the characterization of service should have been type warranted by service record. A review of the Applicant’s records indicated an honorable discharge was warranted. There was no adverse information that would have warranted a less favorable characterization. Therefore, relief is granted.
The NDRB also noted an administrative error on the original DD Form 214. Block 18 did not reflect the Applicant’s previous two years of honorable service. The Board notified Commander, Naval Personnel Command, Millington, TN and recommended the DD Form 214 be corrected or reissued.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 1996 until 11 Dec 97, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER.

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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