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NAVY | DRB | 2004_Navy | ND04-00151
Original file (ND04-00151.rtf) Auto-classification: Denied


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

ex-EM3, USN
Docket No. ND04-00151

Applicant’s Request
The application for discharge review was received on 20031028. 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 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. “The discharge was due to medical reasons and there were no disciplinary actions. I am also being seen by seen by Dr. T_ at the veterans hospital in Fort Wayne for the medical condition that led to my discharge.”

Additional issues submitted by Applicant’s counsel/representative (American Legion):

 2. “Equity Issue: Based on our review of evidentiary record and on behalf of this former member, we opine that the Applicant’s overall service record, including his absence of misconduct, four years of honest and faithful service, 3.0 individual trait average and Good Conduct Medal, satisfies Naval regulatory guidance for a fully honorable discharge and he therefore warrants the Board’s relief.
 _______________________________________________________________________
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.

Review of the service record reflects that this former member maintained satisfactory overall performance markings with an individual trait average of 3.00 and earned the GCM. He had no adverse counseling entries or NJP’s. On 020207, he was diagnosed with a personality disorder by psychiatric evaluation that found him to be unsuitable for further duty and recommended administrative separation. Following due process notifications, he was discharged General (Under Honorable Conditions) due to a personality disorder as authorized by NAVMILPERSMAN, Art. 1910-120.

Essentially, as noted on DD Form 293 and attachment, this Applicant is requesting that his discharge be upgraded because his overall service record supports an honorable characterization. He has not submitted any additional documentation beyond a personal statement and copies of his service record 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:
Letter from Applicant to U.S. Representative, dated April 1, 2003 (4 pages)
Applicant’s DD Form 214
Letter from Office of Legislative to a member of the U.S. House of Representatives Affairs, dated May 15, 2003
Standard Form 180
Nine pages from Applicant’s service record
DJMS Leave and Earning Statements online inquiry (7 pages)
Three pages of Applicant’s medical record
Letter to the American Legion from the Applicant, dated November 21, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     951221 - 960617  ELS
                  USNR (DEP)      970911 – 970925  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 970926               Date of Discharge: 020301

 Length of Service (years, months, days):

         Active: 04 05 06
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 99

 Highest Rate: EM3

 Final Enlisted Performance Evaluation Averages (number of marks):*

 Performance: 3.17 (6)    Behavior: 2.67 (6)                OTA: 2.91

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM

 Days of Unauthorized Absence: None

*Marks partially extracted from Applicant’s supporting documents.

 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 :

000512:  Mental Health Evaluation: Diagnostic Impressions: Axis I: Adjustment disorder with anxiety and depressed mood (non-disabling). Axis II: Dependent, avoidant, and depressive personality features. Axis III: Irritable bowel syndrome. Axis IV: Job dissatisfaction. Applicant found psychologically fit for full duty. Applicant does not appear to be suitable for submarine duty
020207:  Medical Statement: 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 or others.

020219:  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.
020219:  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.
020227:  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 of such severity as to render the Applicant incapable of serving adequately in the naval service. Commanding Officer’s comments (verbatim): SVCMN is unable to handle the routine rigors of the Navy. He was admitted to Portsmouth Naval Hospital and was recommended by medical for separation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020301 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).

Issues 1-2: The NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the discharge characterization if such a change is warranted. The Applicant was diagnosed with a personality disorder by a competent medical authority. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. An upgrade to honorable is inappropriate. Relief denied.

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’s evidence of post-service conduct was found not to be sufficient to warrant an upgrade to his discharge.

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 33, effective
14 Aug 2001 until 21 Aug 2002, 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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