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NAVY | DRB | 2003_Navy | ND03-01351
Original file (ND03-01351.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND03-01351

Applicant’s Request
The application for discharge review was received on 20030806. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance hearing before the board in the Washington National Capital Region. 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) first conducts a documentary review prior to any personal appearance hearing.

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: 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. “I solely wish to change my discharge status to honorable to enlist in the Marine Corps. I take full responsibilities for my actions in the Navy, and am not proud of my time spent there. I feel lucky to be an American and lucky to have a loving wife and son, and would be proud to be a Marine. I’ve made some mistakes and ask for a second chance in the United States military. Thank you for your consideration.
Z_ Z_ (Applicant).

 2. Dear Sir or Mam,

Coming to the decision to want to enlist in the Marine Corps has been developing for some time. I need to upgrade my discharge from the Navy to be considered for enlistment to the Marines. I am proud to be married to my wife and a proud father of my new born son. I am proud to be an American and feel very fortunate to have all the freedoms and certain luxuries other countries do not have. I look back at my life and am not proud of how I left the Navy in 1996. I received an acceptable discharge but am not proud of the time I spent there. I fully accept the mistakes I have made and hope for a second chance in the military. I am not a 19 year old any more with no responsibilities and a poor attitude; I am a 27 year old with a family who misses the professionalism and the courage of service men and women. I feel a swell of American pride and thankfulness and hope to call myself a Marine. Please reflect on an upgraded discharge status from the Navy, so I may enlist in the Marines. I thank you for your time and consideration.
Sincerely, Z_ Z_ ( Applicant )

Home phone (deleted)
Email (deleted)”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter to Congressman, dated June 11, 2003 (2)
Letter from Applicant, dated August 29, 2003
Job/character reference, dated August 28, 2003
Character reference, dated August 25, 2003
Character reference, undated
Applicant’s DD Form 214 (Member 1 and 4)
Letter to Congressman, dated June 11, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     941102 - 950523  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 950524               Date of Discharge: 960422

 Length of Service (years, months, days):

         Active: 00 10 29
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 13                        AFQT: 53

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 3620200.

 Chronological Listing of Significant Service Events :

951213:  NJP for violation of UCMJ, Article 86: Unauthorized absence on 951124.
         Award: Forfeiture of $223 per month for 1 month, restriction and extra duty for 14 days, reduction to SA. No indication of appeal in the record.
960105:  Mental Health Department: Diagnoses: Axis I: Severe adjustment disorder with mixed emotional features.
960126:  NJP for violation of UCMJ, Article 86: Unauthorized absence on 951214.
         Award: Forfeiture of $437 per month for 2 months, restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.
960416:  Applicant diagnosed with a personality disorder, with borderline and passive-aggressive features – EPTE: 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.

960422:  DD Form 214: Applicant's 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.

 Applicant’s discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960422 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 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).

 Issue 1. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any of the armed forces. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

Issue 2. When a Sailor’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. 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’s service was marred by the award of non-judicial punishment (NJP) on 2 occasions for violations of the Uniform Code of Military Justice (UCMJ). The applicant’s conduct and proper diagnosis of a personality disorder, by competent medical authority, form the primary basis for determining the character of his service. An upgrade to honorable would be inappropriate. Relief is therefore denied.

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 additional documentation to support any claims of post-service accomplishments or any other evidence relating 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), 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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