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NAVY | DRB | 2005_Navy | ND0500409
Original file (ND0500409.rtf) Auto-classification: Denied


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

ex-OS2, USN
Docket No. ND05-00409

Applicant’s Request
The application for discharge review was received on 20041227. The Applicant requests her characterization of service received at the time of discharge changed to honorable. The Applicant requests a documentary record discharge review. The Applicant listed a Veteran Service Officer as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050713.
After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant ’ s service. The Board ’ s vote was unanimous that the character of the discharge shall change, however, the narrative reason for discharge shall not change. The discharge shall change to:
Honorable/Personality Disorder, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225). Relief granted.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “I was not on charges for any wrong doing or anything. I went to see medical counselor for my depression condition and was told I needed to be discharged. I ship left port and I was assign to stay back for release. I didn’t know that my discharge would be a general instead of honorable. I feel this is and unjust discharge. I did all a signed duty and made it to the rank of E-5, with no bad counseling statements about duty performance or off duty. When I went to sign up for school using my G.I. Bill I was told my discharge had to be honorable before I could go to school. If I had did something wrong to receive a discharge like I have I then I would understand, but I did nothing wrong to receive this type of discharge. Please upgrade to honorable so I can get my schooling. Thank you very much in advance.”

The Applicant’s representative did not submit any issues.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     010322 - 010806  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010807               Date of Discharge: 040629

 Length of Service (years, months, days):

         Active: 02 10 23
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 51

 Highest Rate: OS2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (3)             Behavior: 3.33 (3)                OTA: 3.58

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Navy “E” Ribbon (2), OSR (2), SSDR (2), HSM, MUC

 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 :

010808:  Applicant reports for active duty.

 011210:  Applicant reports for duty aboard USS Frank Cable (AS 40), homeport Agana, Guam


 040305:  Department of Mental Health, U. S. Naval Hospital, Guam. Staff psychiatrist. Severe stress.
040309:  Department of Mental Health, U. S. Naval Hospital, Guam. Staff psychiatrist impressions: “suspect she is trying this so she no longer has to go to work and she could return to her fiancé, does not warrant a recommendation for separation at this time”. Recommendations: Psychiatrically fit for duty.

040525:  Department of Mental Health, U. S. Naval Hospital, Guam. Staff psychiatrist. Applicant diagnosed with borderline personality disorder. “Two emergent evaluations for suicidal ideation and behavior. She is at risk of escalating her behavior and harming herself if she remains in the Navy”. “Recommend expeditious administrative separation”, “due to the presence of a severe personality disorder. The member manifests a longstanding disorder of character and behavior, which is so severe that the member’s ability to function effectively in the Naval environment is significantly impaired and interferes with the member’s performance of duty. Although not imminently suicidal or homicidal, the member is considered a continuing danger to herself and others.”
040526:  Applicant notified of intended recommendation for discharge with a 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. The least favorable characterization of service possible is GENERAL.
040526:  Applicant advised of rights and having elected not to consult with qualified counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
040526:  Commanding Officer directed 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. Her diagnosis indicates that she is a continuing danger to herself and others, requiring expeditious processing for administrative separation.

040629:  Discharged.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW


Discussion

The Applicant was discharged on 20040629 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 records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but inequitable (B and C).

Issue 1: The Applicant contends her discharge should be honorable because she was not charged with any wrongdoing. Under applicable regulations, separations based on a personality disorder should be honorable unless a general (under honorable conditions) or an entry-level separation is warranted. A general discharge may be warranted if the Applicant’s service record 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. In the Applicant’s case, the record contains no evidence of NJP, other disciplinary action, or counseling’s for substandard performance. Furthermore, the Applicant’s performance evaluation averages support a characterization of honorable. Based upon the Applicant’s service record, the Board unanimously agreed the Applicant’s discharge was inequitable and recharacterization to honorable is warranted. Relief granted.

 The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. This issue does not serve to provide a foundation upon which the Board can grant relief. 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. 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), 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 .

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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