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NAVY | DRB | 2004_Navy | ND04-00910
Original file (ND04-00910.rtf) Auto-classification: Denied


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

ex-DC2, USN
Docket No. ND04-00910

Applicant’s Request
The application for discharge review was received on 20040512. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review and a personal appearance review before a traveling panel closest to Oklahoma City, OK. The Applicant did not list any representative on the DD Form 293. The Naval Discharge Review Board (NDRB) accepted the case as a documentary record review. Subsequent to the application, the Applicant obtained representation by the Disabled American Veterans.

Decision

A documentary record review was conducted in Washington, D.C. on 20050428. 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 four to one that the character of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/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 was unjustly discharged with a General Under Honorable Conditions from the Navy, because of depression. The reason it was unjust is, I was going through several family issues. An emotional divorce in October 98, brother went back to prison in September 98, bad break up with girlfriend in May 99, and then my father passed away in July 99.

I made the rank of Petty Officer 2 nd Class and no NJP. I received the National Defense Medal, Good Conduct Medal, Meritorious Unit Commendation, Battle E (with Wreath), Joint Meritorious Unit Commendation twice, Sea Service 4 Stars, Overseas Ribbon Humanitarian Medal, Expert Marksman with Pistol and several other medals and ribbons. I also have received two Letters of Commendation and several Letters of Appreciation.

I would like to upgrade my discharge to Honorable. I have never disserviced anything in either of my enlistment’s. I served my country proudly in every deployment, job and in the civilian community. I was proud to serve my country at whatever the cost was. I would still be in the Navy if I weren’t discharged. It was my life and is still a part of my life today. I still encourage anyone who has or is thinking about enlisting to do it. I feel that I deserve to have my discharge up graded to Honorable for all the enclosed reasons.

Sincerely,
(signed)
J_ C_
(SSN omitted)”

Issues submitted by the Applicant’s counsel/representative (Disabled American Veterans):

 2. “Dear Chairperson:

After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current General under honorable conditions.

The FSM served on active service from March 2, 1994 to December 2, 1999 at which time he was discharged for personality disorder.

The FSM contends the current discharge is improper, because he was suffering from depression, due to sever family issues at the time to include the death of his father. He further contends that he made several achievements and received several awards during his time in service.

This creates a need for a review of the application of the standard, for the Board to determine that the applicant’s discharge was improper. The Board will determine which reason for discharge should have been assigned based upon the facts and circumstances before the Board, including the service regulations governing the reasons for discharge at that time, to determine whether relief is warranted. See, SECNAVIST 5420.174 D, Sect. 407, part 3.

As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174D.

Under the premises of equitable relief, we believe the Board can change the narrative reason to Convenience Of the Government, removing the notation of conduct. As to the request of the change of discharge to reflect Under Honorable
Conditions, we leave that to a determination by the Board.


We ask for the Board’s careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant.”

 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)     930713 - 940301  COG
         Active: USN                        940302 - 980814  HON

 Period of Service Under Review :
Date of Enlistment: 980815               Date of Discharge: 991202

 Length of Service (years, months, days):

         Active: 01 03 16
         Inactive: None

 Age at Entry: 25                          Years Contracted: 4

 Education Level: 14                        AFQT: 50

 Highest Rate: DC2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (2)             Behavior: 3.00 (2)                OTA: 3.36

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, AFEM (2), NER (3), SSDR (3), GCM, JMUA, Flag Letter of Commendation (3)

 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 :

991202:  DD-214: Applicant discharged with a general (under honorable conditions) by reason of convenience of the government – personality disorder.

Complete discharge package unavailable

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19991202 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). 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. The Applicant contends his discharge should be honorable because of the quality of his service. Under applicable regulations, separations based on a personality disorder should be honorable unless a general (under honorable conditions) or an entry-level separation is warranted. A general discharge may be warranted if the Applicant’s service contains records of nonjudicial punishments, disciplinary actions, or if other significant negative aspects existed, which outweighed the positive aspects of the member’s period of service. Additionally, a general discharge may be warranted if the Applicant’s performance evaluation averages are not sufficient to merit an honorable discharge. The Applicant’s record contains no evidence of NJP or other disciplinary action. However, in the absence of the Applicant’s complete discharge package, under the presumption of regularity, the Board presumed the Applicant had sufficient deficiencies in the quality of his service to merit a general (under honorable conditions) discharge. By a four to one vote, the Board found the discharge both proper and equitable. 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), Change 24, effective
20 May 99 until 26 March 2000, 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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