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NAVY | DRB | 2004_Navy | ND04-00914
Original file (ND04-00914.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-FC3, USN
Docket No. ND04-00914

Applicant’s Request
The application for discharge review was received on 20040511. The Applicant requests his discharge characterization of service received at the time of discharge changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20050831. After a thorough review of all available 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 characterization of discharge shall change to: HONORABLE and the narrative reason shall remain personality disorder, authority: MILPERSMAN 1910-122, Separation Code “KFX.”

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“Issue: To upgrade my current discharge of General under honor condition to Honorable

I am requesting a review of my military records and consideration of my personal statement when deciding the issue.
I was diagnosed with a personality disorder and subsequently told I had an option to remain in service or get out. My choice was to take an early separation. My commander desire was for me to complete my enlistment. I believe because I did not choose to do what he wanted, he held it against me by assigning a General discharge. This was not based on anything other than my not making a choice in his favor. The choice I made was based upon an option given to me and should not have been held against by character of service. This was an injustice to me, and because of it I can not receive my GI education benefits, and therefore have been penalize for something I had no control. The medical professionals made the recommendation to my commander that I should be discharged, however,it is apparent that the commander’s impression was more dominate because since my decision to separation rather than remain in service left my commander to subjectively decide my character of service.

Please consider my argument and change my discharge to honorable.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (3)
Statement from Applicant, dtd December 1, 2004
Character reference, dtd December 3, 2004
Navy and Marine Corps Achievement Medal certificate, dtd January 31, 2003
Evaluation Report & Counseling Record, dtd June 15, 2002
Evaluation Report & Counseling Record, dtd June 15, 2003
Examination Profile Information, dtd May 14, 2003 (2 pages)
Harpoon Weapon System Maintenance Course Diploma, dtd June 6, 2003
Performance Information Memorandum, dtd June 6, 2003
Certification of completion of training, dtd September 6, 2002
Course completion letter for Harpoon Canister Handling Team Trainer, dtd March 19, 2002
Background investigation, dtd August 30, 2001
National Agency Check Security Information, dtd November 17, 2000 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20001117 - 20010110     
         Active: None
Period of Service Under Review :
Date of Enlistment: 20010111             Date of Discharge: 20031007

 Length of Service (years, months, days):

         Active: 02 08 27
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 19

 Years Contracted: 4 (24 month extension)

 Education Level: 12                                 AFQT: 81

 Highest Rate: FC3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.3 (3)                       Behavior: 3.3 (3)        OTA: 3.40

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Navy and Marine Corps Achievement Medal, Battle “E” Ribbon, National Defense Service Medal


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

GENERAL (UNDER HONORABLE CONDITIONS)/ PERSONALITY DISORDER, authority: MILPERSMAN, Article 1910-122 (formerly 3620225).
Chronological Listing of Significant Service Events :

031007:  DD Form 214: Applicant discharged with a general (under honorable conditions) by reason of personality disorder.


Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20031007 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of general (under honorable conditions). After a thorough review of all available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper though inequitable (B and C).

T he Applicant contends that his discharge characterization was unjust because his service was never less than honorable. 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 record 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. In the Applicant’s case, the record contains no evidence of NJP, other disciplinary action, or counseling’s for substandard performance. Furthermore, the Applicant’s performance evaluation averages support a characterization of honorable. Based upon the Applicant’s service record, the Board unanimously agreed the Applicant’s discharge was inequitable and recharacterization to honorable is warranted. Relief granted.

The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. This issue does not serve to provide a foundation upon which the Board can grant relief. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. 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. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. 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 .


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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