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NAVY | DRB | 2004_Navy | ND04-01075
Original file (ND04-01075.rtf) Auto-classification: Denied


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

ex-AMAN, USN
Docket No. ND04-01075

Applicant’s Request
The application for discharge review was received on 20040608. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050304. 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 3 to 2 that the character of the discharge shall change. The discharge shall change to: HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).
 be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “I planned on going to school to further my education, when I recently found out that in order to receive M.G.I. benefits you have to have a honorable discharge. I believe that a general/under honorable discharge is inappropriate. Since 2001DEC05, I have been in the military; I've worked very hard while in the military. Voluntarily joined flying rifle's drill team in Pensacola F.L. while attending am. School. Where I have received p.o.e.'s. Then went on to F.E. School where I was passing beyond the minimum schoolhouse. Passed F.E. FAM class. During this time I went on leave for two weeks during February of 2003. I was staying at a girlfriend’s house. When I came back to Florida she informed I that she was pregnant, and was going to get an abortion. This upset me greatly, And made me very depressed So I seeked help. Went to command chaplain, supervisors, and finely mental health. I soon realized there was nothing I could do, so I tried to deal with it, and continued with my flight engineer training. During Christmas I took another two weeks leave, and went back to Seattle, I found out she decided not to have the abortion and keep the child. and that she is was getting married to my best friend. When I got back into Jacksonville I didn't know how to handle the situation. It was to much for me to handle, and that’s why I started to drink that night. One thing lead to another… i would give the names of her and my best friend, but There married now, And she does not want him to know because he thinks the baby is his. I care for her too much. I don't want her getting hurt by him finding out!”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2 copies)
Copy of Applicant’s DD Form 293

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     011117 - 011204  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 011205               Date of Discharge: 040130

 Length of Service (years, months, days):

         Active: 02 01 26
         Inactive: None

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

 Education Level: 12 (GED)                 AFQT: 61

 Highest Rate: AMAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)             Behavior: 2.00 (1)                OTA: 2.83

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 :

040106:  Applicant diagnosed, Axis I: Alcohol Dependence, with Physiological Dependence, Adjustment Disorder with Mixed Disturbances of Emotion and Conduct, Axis II: Personality Disorder not otherwise specified with Dependent Features. The psychiatrist recommended expeditious processing in accordance with MILPERSMAN 1910-122.

040114:  Commanding Officer recommended 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.

040130:  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 20040130 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, but inequitable (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: For discharges based on personality disorder, the discharge should be honorable unless there exists justification for a general (under honorable conditions), or entry level separation characterization. The Board found no counselings, nonjudicial punishments or evaluations to warrant a general (under honorable conditions) characterization. Although the discharge package was incomplete, there was enough evidence in the service record to discern that the Applicant had never been awarded nonjudicial punishment and that his performance and evaluation marks were high enough to earn an honorable characterization. Therefore, the Board found that the Applicant’s general (under honorable characterization) was inequitable and voted 3 to 2 to change the Applicant’s discharge characterization to honorable. Relief 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 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder.

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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