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NAVY | DRB | 2004_Navy | ND04-00952
Original file (ND04-00952.rtf) Auto-classification: Denied


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

ex-PH3, USN
Docket No. ND04-00952

Applicant’s Request
The application for discharge review was received on 20040526. 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 20041103. 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 unanimous that the character of the discharge shall change to: HONORABLE/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120 (formerly 3620200).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “I was discharged for medical reasons & should have received an Honorable discharge.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD214
Eight pages of Applicant’s evaluations

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     990922 - 990927  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 990928               Date of Discharge: 031020

 Length of Service (years, months, days):

         Active: 04 00 23
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 54

 Highest Rate: PH3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.42 (7)    Behavior: 3.00 (7)                OTA: 3.37

 Military Decorations: None

 Unit/Campaign/Service Awards: NUCH, MUC, GCM, NDSM, ADEM, SSDR

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120 (formerly 3620200).

 Chronological Listing of Significant Service Events :

991004:  Medical Evaluation:
         AXIS I: Occupational problem
         AXIS II: No diagnosis
         Return to full duty.

020822:  Medical Evaluation: [Given that the fundamental problem is dissatisfaction w/ naval service, this is not a medical problem and should be addressed by his chain of command, administratively. However, his response to his situation warrens medical/paramedical attention. But member’s unwillingness/ambivalence prevents either rx or counseling at this time. Therefore I return him to his department for full duty, no weapons/no firearms.
030905:  Medical Evaluation.
         CC/RFR: [Applicant] complains of “I will kill myself if I go back to my ship.”
         AXIS I: Adjustment disorder w/ mixed depressed mood.
                  Occupational problems
                  ETOH dependence by history
         AXIS II: Borderline traits
         AXIS IV: Routine military service
         AXIS V: GA of 65 currently
         Recommendation: Routine administrative separation. Manifests a sever inability to adjust to the demands of Navy life.

030916:  Retention Warning: Advised of deficiency (Adjustment disorder with mixed/depressed mood), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
030916:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of convenience of the government due physical or mental conditions not necessarily amounting to disability but affecting potential for continued active duty in the naval service as evidenced by diagnosis of Adjustment disorder w/ mixed depressed mood and occupational problems.
030923:          Applicant advised of his rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
031009:  CO USS RONALD REAGAN directed the Applicant's discharge type warranted by record by reason of convenience of the government due to a physical or mental condition, not a disability .

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was awarded a general (under honorable conditions) discharge for convenience of the government due to a physical or mental condition, not a disability. (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 but not equitable (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 the 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 any other characterization of his service. Therefore, relief to the character of service is granted.

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 1910-120 (formerly 3620200), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.

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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