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NAVY | DRB | 2003_Navy | ND03-01408
Original file (ND03-01408.rtf) Auto-classification: Denied


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

ex-PRAN, USN
Docket No. ND03-01408

Applicant’s Request
The application for discharge review was received on 20030825. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 American Legion.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040812. After a thorough review of the available 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:

Issue 1. “I am requesting a review of my discharge to have it upgraded from a general under honorable conditions to honorable.”

Additional issues submitted by Applicant’s counsel/representative (AMERICAN LEGION):

 Issue 2. “Equity Issue: Based on our review of evidentiary record and on behalf of this former member, we request that the Board consider provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.

In accordance with 32 C.F.R., section 724.166, and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to the Applicant’s petition.

The service record is incomplete. In particular, the discharge package is missing. Review of the available records reflects that this former member earned the AFEM. On 990430, he was awarded NJP for VUCMJ, Art. 86. On 010310, he was diagnosed with a antisocial personality disorder with borderline features by psychological evaluation that found him to be unsuitable for further duty and recommended administrative separation. He was discharged on that basis General (Under Honorable Conditions) due to a personality disorder as authorized by NAVMILPERSMAN, Art. 1910-122.

Essentially, as noted on DD Form 293, this Applicant is simply requesting that his discharge be upgraded. He has not raised any specific contentions. He has submitted 3 pages of additional documentation attesting to his good post-service character and hard work for the Board’s consideration.

The American Legion’s express purpose in providing this statement and any other submittals or evidence filed is to assist this Applicant in the clarification and resolution of the impropriety or inequity raised. To that end, we rest assured that the NDRB’s final decision will reflect sound equitable principles consistent in law, regulation, policy and discretion as promulgated by title 10 U.S.C., section 1553, and set forth in 32 C.F.R., part 724 and SECNAVINST 5420.174C, enclosure (1).

 This case is now respectfully submitted for deliberation and disposition. ”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD 214
Memo from CPT E_ G_ dtd 22 Mar 02
Ltr from M_ M_, undated
Ltr from Dr N_ B_, undated
Enlisted Evaluation Reports (4 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     980930 - 981007  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 981008               Date of Discharge: 010608

 Length of Service (years, months, days):

         Active: 02 08 01
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 64

 Highest Rate: PRAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (3)    Behavior: 2.67 (3)                OTA: 3.00

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM

 Days of Unauthorized Absence: None

 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 :

981009:  Retention Warning: Advised of deficiency (fraudulent enlistment), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990430:  NJP for violation of UCMJ, Article 86, unauthorized absence.
         Award: Forfeiture of $300 per month for 1 month. No indication of appeal in the record.

010510:  Medical officer statement: This service member is not considered mentally ill, but manifests a longstanding disorder of character and behavior of such severity as to render him incapable of serving adequately in the Navy. Although not considered suicidal/homicidal currently, this member is judged to represent a continuing risk to self or others if retained in the service.
                  
Diagnosis:
 AXIS I:          Alcohol Dependence, 303.9
 Adjustment Disorder with Depressed Mood, 309.00
Occupational Problems, NOS V62.2
 AXIS II:         Antisocial Personality Disorder with Borderline Features, EPTE, 301.7
 GAF:              60
010510:  Medical Assessment (DD Form 2697, Block 20) [This pt was diagnosed to be antisocial personality disorder, & alcohol-dependent. He has refused caac tx for his ETOH dependency, & denies there is a problem. His personality disorder necessitated that he not work in certain areas dealing with aircraft safety/aviation life support.
Discharge Package not contained in service record jacket.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010608 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). In the absence of a complete discharge package, the Board presumed regularity in the conduct of governmental affairs (B) and, after a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (C and D).

Issue 1. 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. A 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 nonjudicial punishment proceedings for a violation of the UCMJ. 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 short of that required for an upgrade of his characterization of service. Relief is not warranted.

Issue 2. The documentation and statements provided by the Applicant and counsel were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The Applicant was diagnosed with a personality disorder by a competent medical authority on 20010510. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural error or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no such errors after a review of Applicant’s case. 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, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient documentation for the Board to consider. 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 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), Change 27, effective
27 March 2000 until 13 Aug 2001, 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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