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NAVY | DRB | 2004_Navy | ND04-00320
Original file (ND04-00320.rtf) Auto-classification: Denied



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

ex-SR, USN
Docket No. ND04-00320

Applicant’s Request
The application for discharge review was received on 20031210. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to hardship. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary 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 and reason for discharge shall not change. The discharge shall remain: UNCHARACTERIZED/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated in a letter submitted with his application:

1. “Dear Sir/Mme.,

The following account is intended to clarify my brief record of service with the United States Navy.

On 28 December 1994 I entered service with the US Navy and was assigned to the Great Lakes Recruit Training Center. I had voluntarily entered the Navy in order to serve my country. I feel that doing so is the obligation of every American as a true patriot.

About two weeks into my training, I was notified by my mother of the rapidly declining health of my father. It seems that he had fallen gravely ill and was admitted into the hospital with an extremely dire prognosis such that death was impending. While I believe that I do have an obligation to serve my nation, I nevertheless am committed to the basic principle of family, one of those very things that made serving in the navy so important to me.

I went to my commanding officer to request a leave for the purpose of being with my family, and my father in their time of anguish and great need. I was surprised and torn to discover that due to my lack of credible time in the military that I was not yet qualified for benefits such as family leave or emergency deferment. My only option was the path that I chose. I considered it a moral imperative to be with my father at the time of his death if at all possible to do so. Consequently, I officially terminated my service with the United States Navy effective 28 January 1995, only one month after my deployment at Great Lakes. Shortly subsequent to my termination of service, my father expired.

I feel that any prudent person in my position would have made the same decision as I did regarding the impending death of a parent. While I wanted to serve my country, I believe that if I had not retuned home, to my father’s deathbed, that it would have been a devastating personal crisis for me, that may have undermined a budding naval career. As a consequence of my leaving the Navy at that particular time, no specific mode of discharge correctly applies. Therefore, though I did leave under honorable conditions, the official discharge reads as ‘uncharacterized.’

It is my hope that this account will better reflect the circumstances of my premature discharge and help to explain my ‘uncharacterized discharge’ from the United States Navy. I look forward to proudly renewing my commitment to serve my country in a different, and equally honorable, capacity as an officer with the Metropolitan St. Louis Police Department.

Thank you for your kind consideration.

Sincerely,

[signed]

Applicant
[SSN omitted]”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD214
History and Physical Examination dated 11 January 1995

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     941219 - 941227  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 941228               Date of Discharge: 950120

 Length of Service (years, months, days):

         Active: 00 00 23
         Inactive: None

 Age at Entry: 20                          Years Contracted: 3

 Education Level: 12                        AFQT: 53

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA*                 Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*No marks assigned.

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

950111:  Applicant diagnosed with adjustment disorder with anxious and depressed mood. 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 found unable to adapt to stressors of military. Continued service represented a continuing risk of harm to self and others.

950113:  Applicant notified of intended recommendation for discharge with an entry level separation (uncharacterized) by reason of convenience of the government on the basis of a diagnosed adjustment disorder of such severity as to render the Applicant incapable of serving adequately in the naval service.
950113:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. Applicant did not object to the proposed discharge.
950118:  Commanding Officer authorized discharge with an entry level separation (uncharacterized) by reason of convenience of the government on the basis of a diagnosed adjustment disorder of such severity as to render the Applicant incapable of serving adequately in the naval service.

950120   Applicant separated from the Naval Service with an entry level separation (uncharacterized) by reason of convenience of the government, personality disorder, as evidenced by diagnosed adjustment disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19950120 with an uncharacterized/entry level separation 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: Applicant requests this Board change his characterization of service to “honorable” and to change the narrative reason for discharge to “hardship.” In support of his request, Applicant has submitted a statement in which he contends that his discharge was the result of his desire to be home with his dying father. He further contends that because of his recruit status, he was not allowed military leave and that his only option was the path he chose.

The NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The Applicant was diagnosed by LCDR R. O_, MC, USN, a qualified medical officer, as possessing a personality disorder of character and behavior of such severity as to interfere with serving adequately in the Navy. The applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a Personality Disorder. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. To change the Narrative Reason for Separation would be inappropriate . Relief denied.

 By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Uncharacterized" or entry-level separation unless there were unusual circumstances regarding performance or conduct, which would merit an "honorable" characterization. Applicant's service record did not contain any unusual circumstances during his less than one month in the military to warrant a change of discharge to "honorable." The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge. 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 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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