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NAVY | DRB | 2004_Navy | ND04-00730
Original file (ND04-00730.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND04-00730

Applicant’s Request
The application for discharge review was received on 20040405. The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions and the reason for the discharge be changed to “depression.” 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 20041229. After a thorough review of the available 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 the reason for the discharge shall not change. The discharge shall remain: UNCHARACTERIZED/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 am requesting that my “Character of Service” be upgraded to Honorable, or at least General, Under Honorable Conditions. I had no disciplinary problems while in the Navy. I suffered from Depression (originally diagnosed as Major Depression, but later downgraded) but was able to perform my duties and meet my Naval obligations. My depression became severe however and I was eventually discharged after speaking to a Mental Health doctor at Lackland AFB. I believe a review of my SMR’s and Personnel File will support this request.”

 “2. I am also requesting that my Separation Code and Narrative be corrected to show Depression, not “JFX” and “Personality Disorder.” This request is based upon the information and diagnosis contained within my SMRs. Thank you for your consideration.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     020329 - 021203  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 021204               Date of Discharge: 030507

 Length of Service (years, months, days):

         Active: 00 05 04
         Inactive: None

 Age at Entry: 25                          Years Contracted: 4

Education Level: 12                        AFQT: 71

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

*No marks found in service record

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

UNCHARACTERIZED/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

 Chronological Listing of Significant Service Events :

Discharge package not contained in service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was given an uncharacterized discharge on 20030507 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). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1. 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 her less than six months 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.

Issue 2. The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. 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. 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), re-issued October 2002, effective 22 Aug 2002 until Present, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s)

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .
D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023


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