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NAVY | DRB | 2003_Navy | ND03-00515
Original file (ND03-00515.rtf) Auto-classification: Denied


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

ex-AA, USNR
Docket No. ND03-00515

Applicant’s Request
The application for discharge review was received on 20030211. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the Applicant’s representative further indicated that the Applicant requests the reason for the discharge be changed to medical Discharge. The Applicant requests a documentary record discharge review. The Applicant listed the Disabled American Veterans as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040430. 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 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 stated

 Applicant’s issues, as stated on the application:

1. “My discharge is improper because of my DD214 is states general under honorable conditions for personality disorder. I was evaluated by a panel of doctors in DC that found I suffered from Posttraumatic Disorder due to the rape I suffered from while on Active Duty. I feel that I was pushed out of service and my issue was not taken seriously. I am attaching documents. I ask that you please change my discharge to honorable so I may continue my education. I was under the impression this had already been taken care of. Thank you.”

Additional issues submitted by Applicant’s representative (Disabled American Veterans):

 2. “Dear Chairperson:

After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of her current General/Under Honorable Conditions to an Honorable.

The FSM served on active service from 9/16/93 to 8/29/95 at which time she was discharged due to Personality Disorder.

The FSM contends the current discharge is improper because she was raped in service and was treated for PTSD.

This creates a need for a review of the application of the standard, for the Board to determine that the applicant’s discharge was improper. The Board will determine which reason for discharge should have been assigned based upon the facts and circumstances before the Board, including the service regulations governing the reasons for discharge at that time, to determine whether relief is warranted. See, SECNAVIST 5420.174 (c), Par. (f) (1).

As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174C.

We ask for the Board’s careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant.

Respectfully,”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter from Fellow, Forensic Psychiatry dated March 14, 1997
Cover letters from Disabled American Veterans, dated January 28, 2003 and January 14, 2003

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: 930908               Date of Discharge: 950829

 Length of Service (years, months, days):

         Active: 01 11 14
         Inactive: 00 00 07

 Age at Entry: 20                          Years Contracted: 8

 Education Level: 12                        AFQT: 52

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.60 (1)    Behavior: 2.60 (1)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 :

930916:  Applicant to active duty.
950623:  Medical Request to Mental Health: 21 year old active duty female with anxious and depressed feelings over about the last 3 weeks. Trouble sleeping, decreased appetite. Denies suicidal ideation. Would appreciate your evaluation/treatment, etc. Provisional diagnosis: Situational stress/anxiety.

950627:  Mental Health Dept: Service member seen. Intake, scheduled for 28 June 95, 1400.

950629:  Mental Health Dept: No show on June 28. Rescheduled for 6 Jul 1400.

950706:  Mental Health Dept: No show. Command stated she was on her way.

950707:  Mental Health Dept: No show, no cancel. Return consult to provider.

950713:  NJP for violation of UCMJ, Article 134 (10 specs): General article; violation of UCMJ, Article 80: Attempts.
         Award: Restriction for 60 days, reduction to AA. No indication of appeal in the record.
950731:  Naval Hospital Oak Harbor, Mental Health Eval (first eval): History of Present Illness: Service member (SM) wrote a few bad checks early this year. She has since paid them off. She went to mast, was busted down a rank and received 60 days restriction. SM reports being in trouble w/civil law because someone forged a check for $1,000. SM pleaded down to reduce the charge from a felony to a misdemeanor. She received a fine & 160 hours of community service. SM cannot do the community service as she is in restriction. If the hours aren’t completed, she will be forced to do one year in jail. SM is 6 weeks away from her EAOS and wants to be admin separated. SM is supposed to be up for mast again in the next few weeks. SM is depressed & anxious. She is unable to sleep & has decreased appetite. Due to her stress she has broken out in a rash over her body which is being followed medically. SM is not suicidal but is feeling hopeless & helpless & has the urge to run – although she says she won’t. Next Appointment 3 Aug 95 1400.
 Applicant diagnosed with Axis I: Adjustment disorder with MDED (depressed). Axis II: R/O Personality disorder NOS. Axis III: Cystitis, dermatitis.

950801:  Medical entry: Sexual assault. Applicant initially seen at FPC because Applicant went there and wishes her to perform exam. Brought to ER. Sex assault form completed. Mental health to follow up Applicant now. Continued counseling.
950811:  Naval Hospital Oak Harbor, Mental Health Eval (second eval): Applicant diagnosed with Axis I: adjustment disorder with MDEC improved. Axis II: Personality disorder NOS, Moderate dependent traits. 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.
         Present Illness: SM went to Capt Mast for writing several bad checks. SM also has a civilian case against her for bad checks. While on restriction, SM stated she was raped. She was taken out of restriction barracks but still had to muster. SM is not following the muster rules set for her. She has been seen in town drinking on several occasions which she has been cautioned not to do. The SM actions, with the exception of the rape, can be characterized as a personality disorder rather than an adjustment reaction. SM general mood and affect have been improved although the troubles remain. SM is not suitable for retention & will only further burden her command and the Navy as a whole.

950829:  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 in accordance with NAVMILPERSMAN, Article 3620200.

[Admin discharge package not contained in service record.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19950829 with a general (under honorable conditions) for a personality disorder (A and B). In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (C) and, after a thorough review of available records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (D and E).

 Issues 1 and 2: When a service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A General, under honorable conditions, discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service was marred by nonjudicial punishment for violation of the UCMJ Article 134 (10 specifications), writing of bad checks, and Article 80, attempts. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of her characterization of service. Relief is not warranted.

Additionally, the documentation provided by the Applicant was not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. Such a diagnosis is further acknowledged by the Applicant’s supporting document from medical official, Dr. K_ A. C_, which states “Although I would agree that she does have a personality disorder that predates her enlistment..” etc. The evidence reviewed did not persuade the Board that the diagnosis and subsequent administrative separation was improper or inequitable. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Relief denied.

The following is provided for the edification of the applicant. 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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.

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 documentation to support any claims of post-service accomplishments or any other evidence related to her discharge 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 9, effective 22 Jul 94 until 23 Jun 96, 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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