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NAVY | DRB | 2004_Navy | ND04-00594
Original file (ND04-00594.rtf) Auto-classification: Denied


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


ex-AR, USN
Docket No. ND04-00594

Applicant’s Request
The application for discharge review was received on 20040224. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a documentary record discharge review. The Applicant did not list any representative on the DD Form 293.
In the acknowledgement letter the Applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal hearing in the Washington, D. C. area. The Applicant did not respond.
Decision

A documentary discharge review was conducted in Washington, D.C. on 20041029. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the characterization of the Applicant’s service was inequitable. The Board’s vote was 4 to 1 that the characterization of the discharge shall change. The discharge will change to: HONORABLE/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated

 1. “My discharge was inequitable because it was based on only two consultations at the Psychology Clinic. Any difficulties could have been resolved upon further examination and had proper counsel and consideration been given it would have become apparent that immediate discharge was not the only option.

As noted on the consultation sheet of my records, supporting documents #16 P, I had no evidence of psychosis, cognitive dysfunction, or major mood/thought/perception disturbances, nor any alcohol/drug problems. There was nothing abnormal about my behaviors that could not have been remedied by reasonable guidance and support. I attended my duties well and followed orders without challenge or disrespect to the CO. Therefore, I am requesting my discharge be changed to General Under Honorable Conditions and that the separation code and narrative reason for separation be changed to one that is acceptable for re-enlistment. To help substantiate my request, I would like to briefly explain more about the circumstances during and since this period.

Please see attached supporting document #11K.

Before my enlistment I was under considerable pressure from family to join the service immediately after high school graduation. I was not completely certain that I was ready to go, but I yielded to the pressure and joined anyway. While I took pride in my performance. I still could not focus myself entirely on my career as a serviceman. The stress I was feeling was amplified by the fact that I was stationed very close to home and that made the homesickness I was feeling worse which simply overwhelmed my good judgment. At the time of my discharge I can only state that I reacted immaturely and thoughtlessly by trying to get out of the term of service. It was irresponsible and shameful to have let those feelings overtake my common sense and I have regretted leaving the Navy ever since, but I sincerely feel that had I received more than two short consultations, then I would have been able to work through these complicated feelings that I was having and it would have become apparent that I did not have a personality disorder of any kind.

To help prove that I did not suffer from any personality defects I am submitting several documents of my accomplishments that will hopefully demonstrate my capacity to have been a contributing serviceman of the United States Navy.

After being discharged I endeavored to regain direction for my life. I obtained a job. got married and worked to create a home for my family. To broaden my career opportunities. I completed an Associates Degree in Communication Technology, Supporting Documents #3C, while continuing to work and provide for my family. As you will see in Supporting Documents #10J, my grades were always above average with a 3.6 GPA. Supporting Documents #4D-9I are various certificates and courses which I have completed that reveal my desire to learn and improve myself. To also show stability I would like to mention that I have been happily married for over 13 years and have resided at the same home for the past 12 years. Also enclosed you will find a letter from my personal physician, Supporting Documents #1A, in which you will see I have had no history of mental illness nor any suicidal tendencies. Supporting Document #2B is an employment evaluation which states that I have been a good, dependable employee and have worked steadily ever since my discharge.

In summary, it is my assertion again that had I received due treatment, 1 could have quickly worked through the problems that I faced. I feel that the decision to discharge me was hasty and unnecessary. It is my hope to join the Navy Reserves and once again serve my country. I hope that you will be persuaded to re-evaluate and modify my discharge, separation code and narrative reason for separation.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Letter from Dickson Medical Association, dated January 24, 2003
 Employee Performance Rating, dated November 14, 2001
 Associates in Applied Science, dated December 17, 2003
Computer Certification documents (6 Pages)
 Nashville State Community College transcripts (4 Pages)
 Service Record Medical Evaluation
Dickson County Sheriff’s Office Criminal History/Background Check, dated March 17, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     880212 - 880822  COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 880823               Date of Discharge: 890307

 Length of Service (years, months, days):
         Active: 00 06 16
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 39
Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA: 3.00

 Military Decorations: None
Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNCHARACTERIZED/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.
Chronological Listing of Significant Service Events :

890210:  Medical Evaluation: Personality Disorder, Severe, EPTE.
 Recommend immediate processing of an administrative discharge by reason of convenience of the government for personality disorder as member is considered to be self-destructive and a continuing danger to himself considering his immaturity and evidence of impulsive self-destructive behavior. Prognosis for continued honorable service is considered poor. He will be supportively counseled at this clinic til disposition is effected.
890228:  Applicant notified of intended recommendation for General (Under Honorable Conditions) discharge by reason of convenience of the government on the basis of a diagnosed severe personality disorder. Applicant did not object to the separation.
890228:  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.
890307:  Commanding Officer directed Entry Level Separation 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 19890307 with an Entry Level Separation (Uncharacterized) 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 but the characterization of service was inequitable (D and E).
Issue 1: By regulation, members discharged within the first 180 days of enlistment are given a characterization of service "Uncharacterized" unless there were unusual circumstances regarding performance or conduct, which would merit an "honorable" characterization. The Board reviewed the Applicant's service record and discovered that the Applicant was notified of the intended recommendation for discharge after his first 180 days of enlistment, therefore an Entry Level Separation does not apply. 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 15560A), Change 6, effective
11 Jan 89 until 13 Dec 89, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.
B . NAVOP 013/87 (CNO 201614ZFEB87) Delegated authority to Special Court-Martial Convening Authorities (SPCMCA's) to administratively separate enlisted members in certain circumstances. Authority was delegated for separation of enlisted members with Honorable, General, or Entry Level discharges where member does not object to the separation.

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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