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NAVY | DRB | 2003_Navy | ND03-01364
Original file (ND03-01364.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND03-01364

Applicant’s Request
The application for discharge review was received on 20030815. 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 20040720. 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 waited nine months in the delayed enlistment program for a spot to open in the advanced electronics school I was guaranteed. During the nine months, the LA riots occurred, burning down the LA MEPS building. As a result, I was forced to process through the Orange County, CA MEPS building as was everyone else in LA county. The servicemen were forcing recruits through paperwork. When I tryed to read what I was signing I was told to hurry and persuaded not to read it all. I mistakingly signed a form without writing down an outstanding phone bill. The form asked me if I have any new debts. Had I known I would have written down that I had a phone bill. Because of this mistake the Navy took away any and all schooling I was convinced I was getting and stuck me on USS MILWAUKEE as a deck seaman. While attached to USS Milwaukee I experienced nothing but hard times. I grew to become so distraught that I wanted to kill myself. This led to my discharge, and my discharge status. Now it affects my ability to collect benefits I would like to use to go to college. I don’t understand why I deserve this discharge status.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     910927 - 920713  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 920714               Date of Discharge: 930806

 Length of Service (years, months, days):

         Active: 00 11 21
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 70

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (1)    Behavior: 2.80 (1)                OTA: 2.80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 30

 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 :

930422:  Retention Warning: Advised of deficiency (Drinking under the legal age limit), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930726:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 930723 having been an unauthorized absentee since 1130, 930623 from USS MILWAUKEE at Norfolk, VA.

930730:  Report of Return of Deserter. Applicant surrendered to military authorities on 930723 (2355) at NAB/OTHS LCRK. Returned to military control 930723 (2355). Retained onboard for disciplinary action.

930802:  Psychiatric Evaluation: Applicant diagnosed with personality disorder NOS (immature features). The psychiatrist recommended separation based on a personality disorder of such severity as to render the Applicant unsuitable of serving adequately in the naval service. Though not currently suicidal he is deemed an ongoing risk for self harm.

930805:  NJP for violation of UCMJ, Article 86: UA from unit.
 Award: Restriction to the limits of AOR-2 for 45 days, extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
930805:  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 as evidenced by medical diagnosis of a longstanding personality disorder which renders the Applicant unsuitable for further naval service, and deems you an ongoing risk for self harm.
930805:  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.
930806:  Commanding Officer recommended discharge with a general (under honorable conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder which renders the Applicant unsuitable for further naval service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930806 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). 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).

Issue 1. 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. This issue does not serve to provide a foundation upon which the Board can grant relief.

The Applicant was diagnosed with a personality disorder by a competent medical authority on 19930802. He was considered a continuing risk to do harm to himself or others. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation were improper or inequitable. Additionally, when the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. General 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 one nonjudicial punishment proceedings for violations of the UCMJ Article 86 for unauthorized absence. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his 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 his characterization of service. Relief 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 5, effective 05 Mar 1993 until 21 Jul 1994, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560C, Change 5, effective 930305 - 940721), 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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