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NAVY | DRB | 2004_Navy | ND04-00493
Original file (ND04-00493.rtf) Auto-classification: Denied


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

ex-ENFN, USN
Docket No. ND04-00493

Applicant’s Request
The application for discharge review was received on 20040203. 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.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041022. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an 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 change. The discharge shall change to: HONORABLE/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. “I J_ L_ C_ (APPLICANT) RESPECTFULLY REQUEST A CHANGE OF CHARACTER ON BEHALF OF THE EVIDENCE PROVIDED, BY MYSELF, FROM THE DEPARTMENT OF VETERANS AFFAIRS. THE MILITARY GRANTED ME A DYSTHYMIC DISORDER OF 30%. I FEEL MY DISCHARGE WAS BASED ON ONE ISOLATED INCIDENT IN 28 MONTHS OF MY MILITARY CAREER. BEFORE THAT INCIDENT, I HAD NOT, ONE PROBLEM ON BOARD USS RUSHMORE, OR ANY OTHER MILITARY FACILITY. I WAS AWARDED THE NATIONAL DEFENSE SERVICE MEDAL, COMPLETED COMMON CORE MECHANICAL CORE, ENGINEMAN “A” SCHOOL AND ALSO AUXILIARY BOILER SCHOOL WHILE IN SERVICE. I ALSO WAS GIVEN SEVERAL ACCOMMODATION LETTERS WHICH I CAN’T PROVIDE AT THIS TIME BY IF IT CAME DOWN TO DO IT, I COULD GET THE INFORMATION, I DID WHAT I WAS SUPPOSE TO DO AS A SAILOR TO THE BEST OF MY ABILITY. I FEEL THAT I’M A GOOD PERSON WITH GOOD INTENTIONS IN LIFE, AND I DO FEEL IN SOME WAYS THE MILITARY HAS CHANGED ME, I FEEL IT HAS BEEN FOR THE BETTER, BUT AS FAR AS HOW THE DOCTORS EVALUATED ME I’M NOT THE JUDGE OF THAT, I DO FEEL, IF MY CHARACTERIZATION IS UP GRADED TO HONORABLE IT WOULD MAKE MY LIFE A LOT BETTER, ONE REASON BEING BECAUSE I’LL BE ABLE TO USE THE MGIB THAT I CONTRIBUTED TOO, AS WELL AS GOOD MEASURE FOR FINDING A GOOD JOB WITHOUT HAVING TO THING ABOUT IF I’LL BE DENIED, BECAUSE OF THE DISCHARGE THAT I HAVE NOW AND WHICH I DIDN’T KNOW THAT I WAS GETTING INTO AFTER I WAS OUT. IF I HAD KNEW I WOULD HAVE STAYED, BECAUSE I WAS VOLUNTARILY SEPARTED, BUT PLEASE DO CONSIDER THE INFORMATION I PROVIDED IN GRANT ME A HONORABLE, SO I CAN GO ON WHICH MY LIFE. THANK YOU”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Certificate of graduation from Auxiliary Boiler Operations, dated June 3 to June 7, 2002
Letter from Department of Veterans Affairs to Applicant, dated January 7, 2004
Rating decision from Department of Veterans Affairs, dated April 7, 2003
Applicant’s DD Form 214 (Member 1 (2) and 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     000908 - 000917  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 000918               Date of Discharge: 020917

 Length of Service (years, months, days):

         Active: 02 00 00
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 33

 Highest Rate: ENFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (2)    Behavior: 3.00 (2)                OTA: 3.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 :

020910:  Applicant diagnosed with AXIS I: dysthymic, chronic, alcohol abuse, severe, occupational problem (poor man/job fit). AXIS II: Personality disorder, mixed borderline and dependent features. AXIS III: headache by report. AXIS IV: multiple stressors, job, family, friends. 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.

020916:  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.
020916:  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.
020917:  Commanding Officer directed 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020917 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 though inequitable (C and D).

 Issue 1: The Board found that in the Applicant’s case, the characterization of service should have been “type warranted by service record.” A review of the Applicant’s records indicated an honorable discharge was warranted. The Applicant’s performance and behavior marks were above the standard required for an honorable discharge and there was no adverse information that would have warranted a less favorable characterization. Therefore, relief is granted.
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 St reet SE Rm 309
                  Washington Navy Yard DC 20374-5023

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