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NAVY | DRB | 2005_Navy | ND0500600
Original file (ND0500600.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND05-00600

Applicant’s Request
The application for discharge review was received on 20050216. 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 list a service officer from the Montgomery County (NY) Veterans Service as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050728. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, both an impropriety and an inequity in the Applicant’s administrative separation process was discovered by the NDRB. The Board’s vote was unanimous that the character and reason for discharge shall change. The discharge shall change to: HONORABLE/SECRETARIAL AUTHORITY, authority: NAVMILPERSMAN, Article 1910-164; separation code JFF.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “I RECEIVED A GENERAL UNDER HONORABLE CONDITIONS DISCHARGE BECAUSE OF MY DEPRESSION. I AM DOING BETTER NOW AND WISH TO HAVE MY DISCHARGE UPGRADED TO AN HONORABLE DISCHARGE. I AM NOW TRYING TO IMPROVE MY QUALITY OF LIFE AND GO TO COLLEGE. THIS WILL ALLOW ME TO BETTER MYSELF AND MY WAY OF LIFE.”
Representative submitted no issues.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     990324 - 990712  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 990713                        Date of Discharge: 000511

 Length of Service (years, months, days):

         Active: 00 09 29
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 81

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*No marks found in service record.

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

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

 Chronological Listing of Significant Service Events :

990726:  Medical Record Entry: Applicant seen at the Recruit Evaluation Unit, Great Lakes, IL with complaints of adjustment trouble and depression. Applicant found to have no disqualifying diagnosis and was returned to duty.

000218:  Medical Record Entry: Medical Officer, Mental Health Unit, Naval Hospital, Great Lakes, IL evaluates Applicant upon self-referral for feelings of depression. No impressions/diagnosis provided.

000320:  Medical Evaluation: Attending Physician, Mental Health Department, Naval Hospital, Great Lakes, IL informs Commanding Officer, Service School Command of Initial Impression: Axis I (Clinical Disorders): Adjustment disorder with depressed mood; Axis IV (Psychosocial and Environmental Problems): Military service. Applicant poses a continual risk of harm to himself or others; recommend administrative separation.
000329:  Applicant notified of intended recommendation for discharge by reason of convenience of the government due to other designated mental conditions. Applicant advised that the least favorable characterization he may receive is general (under honorable conditions).

000329:  Applicant advised of rights and having elected not to consult with qualified 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.
000331:  Commanding Officer, Service School Command, Great Lakes, IL directed the Applicant's discharge with a characterization of general (under honorable conditions) by reason of convenience of the government on the basis of other designated menta l conditions not necessarily amounting to disability but affecting potential for continued active duty in the Naval service as evidenced by diagnosis of an a djustment disorder with depressed mood.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000511 with a general (under honorable conditions) for convenience of the government due to a physical or mental condition, not a disability. (A). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found the discharge was both improper and inequitable (B and C).

The Applicant states that he was discharged due to depression but is now managing that affliction and wishes to improve the quality of his life, to include enrollment in college. The Applicant is advised that there is no law or regulation which provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized, however, 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 perfor-mance and conduct during the period of service under review. Since the Applicant did not provide any documentation of a post-service nature for the Board to consider, relief on this basis is denied.

To permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. Upon review of the Applicant's case, the Board found an inequity in his characterization of service. For discharges based on a condition that is not a disability, the discharge should be honorable unless there exists justification in the service record to characterize the member's service as general (under honorable conditions) or under other than honorable conditions. The Board found that the Applicant was not the subject of any judicial or nonjudicial actions, nor did he receive any derogatory service record entries. The Board recognized the Applicant's academic troubles while at Service School Command but did not consider this to be misconduct. Therefore, the Board found that the Applicant’s characterization of service as general (under honorable conditions) was inequitable and voted unanimously to change that characterization to HONORABLE. Relief is granted.

The Board further discovered an impropriety in the Applicant's administrative separation. When a service member is processed for administrative separation on the basis of a designated physical or mental condition that does not necessarily amount to a disability but affects the service member's potential for continued active duty, such processing may not be initiated until:
o        the service member has been formally counseled on his or her condition and the resulting deficiencies in performance and/or conduct, as reflected in appropriate service records;
o        the service member has been afforded an opportunity to overcome those deficiencies, as reflected in appropriate service records;
o        the reason for processing is supported by medical documentation addressing the medical condition and commenting on the member's limited potential for continued Naval service.
The Applicant's service records confirm that he was never formally counseled on his adjustment disorder. Subsequently, any performance/conduct deficiencies which may have existed as a result of his condition were not identified to the Applicant thereby denying him an appropriate amount of time within which to correct those deficiencies. Because the Applicant was not diagnosed with a personality disorder, the determination, made by the Mental Health Department, Naval Hospital, Great Lakes, that the Applicant posed a continual risk of harm to himself or others did not preclude the need for the Applicant's command to formally counsel him on his condition and any resulting performance/conduct deficiencies. As such, the Board found the Applicant's administrative separation to be improper and voted unanimously to change that narrative reason to SECRETARIAL AUTHORITY. Relief is granted.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective
20 May 99 until 27 Aug 01, 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 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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