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NAVY | DRB | 2004_Navy | ND04-01283
Original file (ND04-01283.rtf) Auto-classification: Denied


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

ex-HM3, USN
Docket No. ND04-01283

Applicant’s Request
The application for discharge review was received on 20040810. The Applicant requests the reason for the discharge be changed to hardship. 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 20050201. 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 unanimous that the reason for discharge shall not change. The discharge shall remain: 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 am requesting review of my military and medical records due to my unforeseen personal and financial hardships prior to my reenlistment in June 2000. I was unable to complete my four year contract. After two unsuccessful medical boards, I was discharged by my psychiatrist CDR K_. He found that my personal obligations to myself and family would interfere with my active duty status. After my discharge in February 2002 I have been unable to work full time due to my family issues. My husband is the sole financial provider and with this large debt I have incurred we have been unable to keep up with the monthly payments. I have notified DFAS of my circumstances and have not been able defer payments. Please reevaluate my records I have provided and change my reason for discharge to hardship.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
NAVMED 6100/1, Automated medical board report cover sheet, dated September 26, 2001
NAVMED 6100/5, Abbreviated limited duty medical board report, dated January 17, 2001
Letter from a professional collection firm, dated August 23, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     950614 - 950710  COG
         Active: USN                        950711 - 000622  HON

 Period of Service Under Review :
Date of Enlistment: 000623               Date of Discharge: 020228

 Length of Service (years, months, days):

         Active: 02 04 14
         Inactive: None

 Age at Entry: 26                          Years Contracted: 4

 Education Level: 12                        AFQT: 68

 Highest Rate: HM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (2)             Behavior: 3.50 (2)                OTA: 3.22

 Military Decorations: None

 Unit/Campaign/Service Awards: NAM, GCM (2), NDSM, LoC

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

000623:  Applicant reenlisted for 4 years.

 020102:  Medical Evaluation: Diagnostic Impressions: AXIS I: Major depressive episode, severe, without psychosis, DNEPTE. Partner relationship problems. AXIS II: Borderline traits. Recommendations: Strongly and respectfully recommend separation by reason of convenience of the government - physical or mental conditions.
020116:  Retention warning: No further information found in service record. [Extracted from Commanding Officer’s letter dated 020228]
020228:  Commanding Officer directed discharge honorable by reason of convenience of the government on the basis of a 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 major depressive episode, severe, without psychosis, DNEPTE.

Partial Discharge Package

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020228 with an honorable for convenience of the government due to a physical or mental condition, not a disability. (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 NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, will change the reason for discharge if such a change is warranted. The Applicant was discharged honorably by reason of convenience of the government on the basis of a physical or mental conditions not necessarily amounting to disability but affecting potential for continued active duty in the naval service as evidenced by diagnosis by competent medical authority, on 20020102, of major depressive episode, severe, without psychosis, DNEPTE. The summary of service clearly documents that condition not a disability was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. 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 her 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), Change 33, effective
28 Aug 01 until 21 Aug 2002, Article 1910-120 (formerly 3620200), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Propriety.

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