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NAVY | DRB | 2003_Navy | ND03-01161
Original file (ND03-01161.rtf) Auto-classification: Denied


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

ex-AN, USN
Docket No. ND03-01161

Applicant’s Request
The application for discharge review was received on 20030626. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record 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 20040504. 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. “To Whom It May Concern:

I C_ C_ ( Applicant ) (Social Security Number deleted) am requesting to have my discharge upgraded from a General Under Honorable Conditions, to an Honorable discharge. My discharge was based on one isolated incident in thirty -four months of service with no other adverse action.
Prior to joining the military, I lived in Muskogee, Oklahoma with my aunt due to family circumstances. I entered the U. S. Navy after high school in hopes of getting structure and guidance in my life.
Upon completion of boot camp, I attended three weeks of school for nondesignated airmen in Great Lakes Illinois. I then was sent to my first duty station located at NAS Lemoore, California where I performed the duties of a plane captain. These duties were accomplished in acceptable manner with satisfactory ratings.
My next assignment was to perform duties as a Supply Storekeeper (AK). I performed these duties with above average skills for eight months. Although over a couple of years had passed and I seemed to be doing okay, the lack of structure and guidance was still missing.
I then took it upon myself to get some medical advice by talking with a naval doctor. I had weekly sessions for about three months before I was discharged from the Navy. The specific incident that caused my discharge occurred July of 1999. My squadron was about to go on deployment with me included, but my doctor gave orders for me not to go out to sea because I was unstable. When my squadron received these orders, they immediately sent me to Captain’s Mast to talk with the Commanding Officer. While I was in Captain’s Mast, my Commanding Officer restricted me to base, reduced my rank, and fined me half months pay. I informed my doctor of this and he medically had those orders reversed and discharged me from the Navy with a “General Under Honorable Conditions” discharge. Not having had the guidance and structure in my life before and none at this point, I accepted this discharge with all its conditions. I regret that now.
Since I’ve been released from the military, I’ve moved to Dallas, Fort Worth Texas with a family member. I worked with a temporary agency for about five months doing customer service. A full time position became available at Sprint PCS in December 1999. I accepted this position and moved into my own apartment accepting my own responsibility. I worked at Sprint for a year and ten months before moving to TXU in customer service also. This job only lasted for six months not knowing or realizing that these customer service positions were causing stress in my life. My next job was at JP Morgan Chase as a phone banker doing more customer service. This job lasted a year and ended for my desire to want to pursue another career field.
Since then I worked thru a temporary agency and went to school where I obtained my certification as a Pharmacy Technician that I paid for myself. I would like to further my education by becoming a licensed Pharmacist in which I am currently enrolled in college now taking classes that I am also paying for. Therefore, I am requesting that my discharge be upgraded to “Honorable” in order for me to receive my education benefits.

Sincerely,

C_ C_ (Applicant)”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Certificate for Pharmacy Technician Certification Board, dated March 31, 2003
Police record check, dated June 2, 2003
Character reference, dated June 2, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     960731 - 961124  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 961125               Date of Discharge: 990806

 Length of Service (years, months, days):

         Active: 02 08 12
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 35

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC, NER, AFEM, SSDR

 Days of Unauthorized Absence: None

*No marks found in service record

 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 :

980428:  NJP for violation of UCMJ, Article 128: Assault AK3 on 980215.
         Award: Extra duty for 10 days, and oral reprimand. No indication of appeal in the record.
980430:  Retention Warning: Advised of deficiency (Unlawfully strike AK3 on the body and head with her fists on 980215), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
990707:  Applicant diagnosed with a personality disorder. 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.

990726:  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. Commanding Officer’s comments (verbatim): The chain of command no longer has confidence in AN C_’s (Applicant’s) ability to serve in the U.S. Navy. In addition to a CO’s NJP for assault, she has received numerous hours of counseling regarding her performance and attitude. AN C_ (Applicant) was evaluated by Naval Hospital, Lemoore as being unstable with a personality disorder which is described in enclosure (4). This evaluation prohibits any potential for further or future Naval service.
         Due to this evaluation, I believe AN C’s (Applicant’s) continued presence in the Navy could result in injury to herself or her shipmates. As such, I am administratively separating her from the Naval Service by reason of Convenience of the Government – Personality Disorder.

990726:  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.
990802:  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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990806 with a 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 proper and equitable (C and D).

 Issue 1. A characterization of service of under honorable conditions (general) 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 award of nonjudicial punishment (NJP) on one occasion. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. The evidence of record does not demonstrate that the Applicant was not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.

The Veterans Administration determines eligibility for post-service benefits, not the NDRB. 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.

The Applicant’s discharge characterization accurately reflects her service to her country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity occurred during the Applicant’s enlistment. Additionally, 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. Relief not warranted.

The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her discharge. 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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