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NAVY | DRB | 2004_Navy | ND04-00703
Original file (ND04-00703.rtf) Auto-classification: Denied


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

ex-CTR3, USN
Docket No. ND04-00703

Applicant’s Request
The application for discharge review was received on 20040324. 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 four to one that the character of 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. “Dear Sir or Madam,

I am writing to you because I feel my discharge was improper. In my three plus years of service in the United States Navy you will find that I was never involved in any type of misconduct or improper behavior. I was an outstanding sailor and Petty Officer who did my job well. I graduated from my training at Ft. Huachuca ahead of schedule and as the Honor Graduate receiving the Samual B. Morse award. I was chosen by the Master Chief during my training to serve in a leadership position for the other sailors in training at NTTC Ft. Huachuca and was commended by him in an evaluation upon my transfer to my next duty station. As a CTR and one of the few Morse Code Operators at NSGA Rota I was instrumental in the collection and reporting of 4,000 hours of high interest signals. I was hand-picked to re-write the operator qualification exam as well as volunteering to update various training manuals and technical aids as you will see stated in a Citation from the Commander I have provided you with. I was awarded the Good Conduct Medal as you will see in my records.

Since being discharged from the Navy I feel that the “General Under Honorable Conditions"’ has blackened my name. I have been rejected from several jobs stating that they require Honorable discharges only to apply for a position. I have been told I cannot use my GI Bill money which I found out only after enrolling in classes and now owe over 1,500 dollars. I cannot afford to continue my education without the assistance of my GI Bill and I feel this is a great injustice. I served my country well. I did my job and never stepped out of line. I was always respectful, professional, and a role model Petty officer. Please do not deny me the discharge I fairly earned and deserve. I only wish to finish my schooling and begin a job I can be proud of as I was in the Navy. Upgrading my discharge to Honorable will help me achieve this goal. I appreciate your time and consideration and hope you will help me in this matter. Thank you in advance.

Sincerely,
K_ M_ L_ F_ ( Applicant )
(social security number deleted)”








Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Citation from Commander, Naval Security Group Command for performance during July 1999 to June 2001
Applicant’s DD Form 214 (Member 1 and 4)
Grade Report
Character reference, dated April 8, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     971017 - 980518  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 980519               Date of Discharge: 010824

 Length of Service (years, months, days):

         Active: 03 03 06
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 71

 Highest Rate: CTR3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.33 (3)    Behavior: 3.00 (4)                OTA: 3.43

 Military Decorations: None

 Unit/Campaign/Service Awards: N&MCGCM, N&MCOSR (2)

 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 :

010806:  Applicant diagnosed with an adjustment disorder with depressed mood, eating disorder not otherwise specified with Bulimic features and Histrionic personality disorder, occupational problem. 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.

010806:  Commanding Officer, Naval Hospital, Pensacola, recommended expeditious administrative separation for convenience of the government by reason of severe personality disorder coupled with a severe eating disorder.
010808:  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.
010808:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
010907:  Commanding Officer, Naval Technical Training Center, Corry Station, Pensacola, 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 20010824 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 the “type warranted by service record.” A review of Applicant’s records indicated an honorable discharge was warranted. 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 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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