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NAVY | DRB | 2003_Navy | ND03-00952
Original file (ND03-00952.rtf) Auto-classification: Denied


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

ex-AN, USN
Docket No. ND03-00952

Applicant’s Request
The application for discharge review was received on 20030507. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to honorable disabled (Ret). The Applicant requests a documentary record discharge review. 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 documentary discharge review was conducted in Washington, D.C. on 20040401. 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: 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:

“I was discharged for medical & physical conditions that occurred while on active duty. I have had 2 back surgeries & PTSD my files are @ Los Angles VA I am 70% service connected @ 100% unemployable I want an Honorable discharge but Medically Retired. I want an honorable discharge certificate to hang on m wall. I want a military I.D. card that say’s disabled (Ret.) nothing else. Thank you.
PTSD occurred on USS Midway 6/1990
Back Injury on USS Midway 6/1990
PTSD occurred on USS Ranger 2/1992”

Additional issues submitted by Applicant’s representative (Veterans Of Foreign Wars):

 “Applicant indicated above requested that Veterans of Foreign Wars act as counsel concerning his application. His records were reviewed on Jan 30 th 2004 and the following comments are hereby submitted:

 It was notice that the Applicant was diagnosed with PTSD, It is very possible that the Applicant’s undiagnosed PTSD could have contributed to his disciplinary problem. If he is now rated 70% service connected from the VA as he contends, that support the argument that he should have received a medical board and possible put on TDRI. Therefore we concur with his contention.

 We refer this case to the Board for their careful and compassionate consideration and request the Applicant’s discharge be upgraded to honorable based on medical reasons.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’ s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     890722 - 890827  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 890828               Date of Discharge: 920410

 Length of Service (years, months, days):

         Active: 02 07 13
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 31

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.55 (4)    Behavior: 3.50 (4)                OTA: 3.67

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM with 2 Bronze Stars, AFEM, NUC, BER, SSDR, KLM

 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 :

900731:  NJP for violation of UCMJ, Article 91 (4 specs): Disobeying a lawful order on 2100, 900714, (2) Disrespectful in language toward a petty officer on 2100, 900714, (3) Disobeying a lawful order on 2100, 900714, (4) Disrespectful in language on 2100, 900714.
         Award: Forfeiture of $200 per month for 1 month, extra duty for 30 days. No indication of appeal in the record.
900731:  Retention Warning: Advised of deficiency (Imposition of Commanding Officer’s nonjudicial punishment on 900731, for violation of the Uniform Code of Military Justice, Article 91 (4 specs).), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
910529:  NJP for violation of UCMJ, Article 92 Dereliction of duty on 910412, by failing to perform a pre-operational inspection.
         Award: Restriction and extra duty for 15 days, reduction to AA. No indication of appeal in the record.
920317:  Applicant diagnosed with Axis I: Post-traumatic stress disorder. Axis II: Personality disorder NOS, with immature and antisocial features, severe. Axis III: Hearing Problem under treatment. 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.

920331:  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.
920331:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
920407:  Commanding Officer recommended type warranted by service record 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19920410 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). 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).

 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 applicant was diagnosed by qualified medical officers as possessing a long-standing disorder of character and behavior of such severity as to interfere with serving adequately in the Navy. He was considered a continuing risk to do harm to himself or others. The applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a Personality Disorder. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. Additionally, the NDRB has no authority to change the reason of discharge to Honorable Disabled (Retired). Only the Board for Correction of Naval Records (BCNR) can make the requested change.

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 his 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), effective 15 Aug 1991 until 04 Mar 1993, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 04 Mar 1993, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - 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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