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NAVY | DRB | 2005_Navy | ND0500122
Original file (ND0500122.rtf) Auto-classification: Denied


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

ex-EOCN, USN
Docket No. ND05-00122

Applicant’s Request
The application for discharge review was received on 20041022. 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 20050616. After a thorough review of the available 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 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

No issues were 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 (4)
Ltrs from Applicant (3)
Ltr of Recommendation for Administrative Separation dtd May 19, 2004
Ltr from J___ M___ RN, BC, FNP, Troy Family Health Center, dtd May 17, 2005
Ltr from S___ F. H___ EQCM(SCW), USN dtd May 12, 2005
Ltr from T___ R. M___ EO1(SCW), USN dtd May 31, 2005
Ltr from Congressman J__ S___ dtd November 1, 2004
Ltr from Colonel M. L. C___, Director of NCPB dtd October 22, 2004
Copy of NDRB’s Administrative Discharge Package Ltr dtd May 3, 2005
Evaluation Report & Counseling Record (12 pages)
Mental Health Documents (13 pages)
Enlistment Document (12 pages)
Medical Record Documents (68 pages)



PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     010323 - 010328  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010329               Date of Discharge: 040616

 Length of Service (years, months, days):

         Active: 03 02 17
         Inactive: None

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

 Education Level: 12                        AFQT: 46

 Highest Rate: EOCN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (4)             Behavior: 2.50 (4)                OTA: 2.75

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC, NER (2), NDSM, SSDR, NRMR, ESCWR

 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 :

010920:  NJP for violation of UCMJ, Article 92: Failure to obey order or regulation.
Award: Forfeiture of $243.00 pay per month for 1 month, restriction and extra duty to the limits of NCTC DET Fort Leonard Wood for 14 days. No indication of appeal in the record.
010920:  Retention Warning: Advised of deficiency (Violation of UCMJ, Article 92: Failure to obey order or regulation), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

031117:  Applicant counseled: Advised of deficiency (Failure to meet physical readiness standards), notified of corrective actions and assistance available, advised of consequences of further deficiencies.

040519:  Staff Psychologist, U.S. Naval Hospital, Sigonella, recommends administrative separation for unsuitability due to borderline personality disorder with a long standing history of irritability, and anger, suicidal ideations and self harm as well as unstable interpersonal relations. Applicant does not posses a severe mental disease or defect for the purpose of RCM-706 examination and is considered competent.

040616:  Applicant discharged with a general (under honorable conditions) by reason of personality disorder per DD Form 214, authority MILPERSMAN 1910-122.

040713:  Performance Evaluation for period ending 040615, section 43, comments: […Her disagreeable personality makes it hard to work with other… She has demonstrated she is unable or unwilling to comply with Navy Physical Readiness Standards. She also has difficulties taking direction from supervisors and working as a productive team member.]

NO DISCHARGE PACKAGE AVAILABLE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040616 with a general (under honorable conditions) discharge 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).

The Applicant introduced no decisional issues for consideration by the Board.

 The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The Applicant was recommended for administrative separation by competent medical authority after her diagnosis of personality disorder on 20040519 by the same competent medical authority. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.

A general discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. The Applicant’s service was marred by a retention warning and nonjudicial punishment proceedings for a violation of Article 92 of the UCMJ. The Applicant was also counseled for her failure to meet physical readiness standards. Neither the statements and documents provided by the Applicant nor the evidence of record demonstrated to the Board that the Applicant was not responsible for her conduct or that she should not be held accountable for her actions. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy and falls far short of that required for an upgrade of her characterization of service. Relief is not warranted.

The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. There is no law or regulation, which provides that an unfavorable discharge may be upgraded, based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient documentation for the Board to consider. 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), 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 .
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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