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NAVY | DRB | 2003_Navy | ND03-00547
Original file (ND03-00547.rtf) Auto-classification: Denied


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


ex-MMFN, USN
Docket No. ND03-00547

Applicant’s Request
The application for discharge review was received on 20030212. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance hearing discharge review before a traveling panel closest to Port St. Lucie, FL. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the applicant was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearing are held in the Washington, DC Area. The applicant failed to respond by the deadline date to a letter requiring the applicant to notify the Naval Discharge Review Board (NDRB) of intention to be present for the requested personal appearance hearing. Therefore, a documentary review was conducted, and the Applicant is not eligible for further review by this Board.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040608. 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: UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental 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. “Review of Discharge to be upgraded to “Honorable”

 2. Removal of section 28 on DD214 which states a personality disorder

3. Riembursment of monies denied from my GI bill for payment I made for the police academy which I was entitled to
4. Any other issues stated in Documents #1 & #3.”
Documentation
In addition to the service record, NO DISCHARGE PACKAGE AVAILABLE, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Letter from Applicant dated December 3, 2002
 Letter from Applicant’s wife dated October 2, 2002 (2 pages)
 Letter from Applicant’s father dated January 1, 2000
Reference Letter from J__ T F___, Vice President of Manufacturing for Carpet Cushion
 Reference Letter dated July 16, 2002 (2 pages)
Reference Letter dated May 4, 2002
Copy of Basic Law Enforcement Academy Certificate
Copy of Chief of Police Association Overall Achievement Award
Copy of Dive Rescue I Certificate
Copy of Certificate of Completion (Racial Profiling)
Copy of Certificate of Completion (FCIC Certification)
 Copy of Certificate of Compliance for Law Enforcement Officers
 Copy of Veteran’s Service Medal Certificate
Copy of Certificate of Completion (Violence in the Workplace Training for Employees)
 Copy of Certificate of Completion (Preventing Sexual Harassment Training Workshop)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     870409 - 870513  COG
          Active: USN                        None
Period of Service Under Review :
Date of Enlistment: 870514               Date of Discharge: 890914

 Length of Service (years, months, days):
         Active: 02 04 01
          Inactive: None
Age at Entry: 22                          Years Contracted: 4

Education Level: 12                        AFQT: 57
Highest Rate: MMFN
Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.10 (2)    Behavior: 2.90 (2)                OTA: 3.10

 Military Decorations: None
Unit/Campaign/Service Awards: JMU, AFEM, CAR, SSDR

 Days of Unauthorized Absence: None
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

880825:  Retention Warning: Advised of deficiency (Violation of Article 91-Insubordinate conduct towards Senior Chief Petty Officer), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
890302:  NJP for violation of UCMJ, Article 92: Failure to obey written general orders and or regulations.
         Award: Forfeiture of $391.00 pay per month for 1 month, restriction and extra duty for 20 days. No indication of appeal in the record.
890711:  NJP for violation of UCMJ, Article 86: Failure to go to AMMO ONLOAD brief, violation of UCMJ, Article 91: Disobeyed a lawful order, violation of UCMJ, Article 91: Disrespect.
         Award: 30 days in Correctional Custody Unit. No indication of appeal in the record.
890717:  Applicant turned himself in for drug abuse, used crystal methamphetamine, last use 890704, no prior use or arrest. Found not dependent on drugs but dependent on alcohol, recommended for Level III alcohol rehabilitation [Extracted from Medical Record].
890911:  Applicant diagnosed with Personality Disorder, NOS with passive aggressive and dependent features, EPTE, unsuitable for USN. Recommendations: The member is not considered mentally ill, but manifest a longstanding disorder of character and behavior which is of such severity as to render the individual incapable of serving adequately in the Navy. The member does not presently require, and will not benefit from hospitalization or psychiatric treatment. Although the member is not presently considered suicidal or homicidal, the member is judged to represent a continuing risk to self and other if retained in the Naval Service. The member is deemed fit for return to full duty for immediate processing of administrative separation, which should be initiated expeditiously by the member’s command in compliance with MILPERCOMINST 1910.1C and NAVOP 013/87 PAR 2B (CNO WASHINGTON, DC 201614Z FEB 87).
NO DISCHARGE PACKAGE AVAILABLE

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19890914 under honorable conditions (general) 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). In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (C) and, after a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).
Issues 1-2. The applicant was diagnosed with a Personality Disorder by competent medical authority, and was recommended for expeditious administrative separation from the Navy. Thus, the Board finds that the Reason for Discharge reflects the applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance. "Personality Disorder" is an accurate narrative description of the reason for the applicant's discharge. Characterization of service as general (under honorable conditions) 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 turned himself in for drug abuse. The applicant’s self-admission to drug use is considered as “wrongful use of a controlled substance” punishable under the UCMJ, Article 112a. The NRDB found that the Applicant’s service was equitably characterized. Relief denied.

Issue 3. The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.


Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 6, effective
11 Jan 89 until 13 Dec 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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