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NAVY | DRB | 2005_Navy | ND0500338
Original file (ND0500338.rtf) Auto-classification: Denied


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

ex-FN, USN
Docket No. ND05-00338

Applicant’s Request
The application for discharge review was received on 20041215. 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 20050428. 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 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, as stated

Applicant’s issues, as stated on the application:

 1. “I am respectfully requesting an upgrade on my discharge from general under honorable conditions up to honorable. I do not feel that I deserve any other type of discharge besides an honorable discharge. I have never been to any Court-Martials for any reason. I have never had to face any disciplinary review boards, executive officer’s boards, or captain’s masts. I also feel that I have done the best that I could do for myself and my country while serving. I did have a few problems in which led to my early discharge. I felt as if my whole world was coming down crushing me for the last two years and that no one understood what I was going through. To explain in more detail, in the summer of 2002 I went home to Iowa and found my mother in a hospital from a drug over dose. To top that off she had not been paying any of her bills and was being evicted from her apartment. I was the only one with any money at the time and had only two days to find somewhere for both my younger sisters and my little brother to stay. When I called my command and explained the situation they simply told me that life was hard and my mother was grown and should be able to take care of her own family. Honestly this bothered me and disturbed me a lot at work plus having other problems severely depressed me. At that point I just wanted to die, but I kept moving since it was explained to me that I did also have a career to look after. Also I could send money home to help out but that never worked. My mother would use the money for what ever she felt she wanted. Later I found myself paying most of her bills just to keep the lights or gas on for my little brother and sisters. I tried explaining this situation to my chain of command and begged to get a command closer to my mother so that I would not have to worry as much. The only thing I got out of that was that I had a two year obligation to my new command and any chit I put in would be denied, so I never put one in. things only got worse I was scared to seek help because of some of the things I might have told any doctor at the time would have got me kicked out and at the time I thought that the conditions would be less than honorable. I never wanted to leave the military with anything dishonorable, other than honorable, or anything that was not honorable period. I let time drag me down and all the stories that I was getting from home from my brother and sisters kept me worrying. I guess somewhere down the line I was sure that if I had to be anywhere besides home helping my family than I would rather be dead and that is what got me in this situation I am in now. I do have statements form fleet and family services which I see have not been submitted into my medical records so I shall enclose them in this and also the statements that were made when I did see doctors and what they thought which should be in my medical records. I would have probably fought harder for a different discharge if I wasn’t mislead by my chain of command and my TAP teacher in which name I can not find nor remember. First my career counselor (MMI M_) explained to me that in this case being that my discharge was only a general under honorable conditions that I would still be eligible to receive my GI Bill, I was still unsure and asked the people in personnel and disbursing and was told the same thing. Now I have found out much too late which is mostly my fault that all this was untrue and was probably just a rush for me to get out. What ever the case may be I do not see any evidence that would prove my service to my country any less than only HONORABLE. Thank you for your time and I appreciate any effort in helping my case or helping me understand why my discharge is what it is and why it shouldn’t change. ”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
4 pages from Applicant’s medical record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     010104 - 010116  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010117               Date of Discharge: 040409

 Length of Service (years, months, days):

         Active: 03 02 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 35

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.00 (1)             Behavior: 1.00 (1)                OTA: 1.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, GCM

 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 :

020305:  Civil Conviction:
         Offense Date: 020123
         Nature: Improper driving
         Award: $50.00 fine and court costs
         Remarks: None

020318:  Retention Warning: Advised of deficiency (Improper driving), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

040401:  The psychiatrist recommended separation based on a personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. Applicant was considered self-destructive and a continuing risk of harm to self or others.
         AXIS I:  Occupational Problem
                           Alcohol Dependence in Early, Full remission
 AXIS II:         Personality Disorder NOS with Immature and Antisocial traits
AXIS III:        None
AXIS IV:         Family of origin problems, routine military stressors
AXIS V:  GAF 60

 Psychiatrically fit for duty, recommend expeditious administrative separation.

040401:  Applicant notified of intended recommendation for discharge with the least favorable character of service of 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.
040401:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

040406:  Commanding Officer advised NPC of the Applicant’s discharge by reason of convenience of the government on the basis of a personality disorder with a characterization warranted by his service record.

040408:  Applicant’s Evaluation Report completed. Remarks: [Performs assigned tasks when supervised. Lacks the motivational and maturity to work on his own. Maintained the cleanliness and material condition for a 196 Sailor berthing compartment on a daily basis. Handles classified material within prescribed guidelines. Does not meet body fat standards and failed Fall PFA. Has failed to meet physical readiness standards for the past 4 cycles.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040409 with a general (under honorable conditions) character of service 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). 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 and equitable (C and D).

Issue 1. For separations based on a personality disorder, a general discharge may be warranted if the Applicant’s service 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. The Applicant’s record contains no evidence of NJP. However, the Applicant’s record is marred by a civil conviction for which he received a retention warning. In addition, the Applicant’s performance evaluation averages are not sufficient to merit an honorable discharge. Relief denied.
The Applicant contends that some his difficulties serving in the Navy can be attributed to his family problems. While he may feel that his personal problems were the underlying cause of his substandard performance, the evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. 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. 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 II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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

D. 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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