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NAVY | DRB | 2005_Navy | ND0500980
Original file (ND0500980.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-RP3, USN
Docket No. ND05-00980

Applicant’s Request
The application for discharge review was received on 20050520. The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20051006. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the discharge shall change to: HONORABLE/PERSONALITY DISORDER, authority: MILPERSMAN 1910-122, Separation Code “JFX.”

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application or attached document/letter:

 “When I got out of the service I was oriented by personnel that as it states on my DD-214 that I was eligible to receive my MGIB. I started going to school when I got out of the service I received my MGIB for the first 2 months and then VA took my benefits away because they told me that on my DD-214 character I didn’t qualify because it need to state honorable discharge I order to receive my MGIB. The first reason I joined the Navy was to serve my country and the second was to further my education. One of my goals was to be part of the Navy. And for the longest time I took the ASVAB but didn’t have the scores to qualify but I never gave up and my dream came true. Before, I joined the service I didn’t know what I wanted to do with my life. While I was in I found out that what I wanted to do for the rest of my life was to make films, and from that moment on I knew I wanted to become a filmmaker. But in order for me to accomplish that goal I have to go and get training in a film school. Like O_ S_ did, but without the MGIB it won’t have been possible for him to go to film school. I accomplished that goal of becoming a sailor all I want is to be given a chance to accomplish my dream. I respectfully request that my case be taken into consideration for an upgrade to a honorable discharge. I promise you, it won’t be a decision you’ll regret. I thank you in advance for you consideration.

Sincerely,
R_ O. C_ (Applicant)
[signed]”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
WaMu News, printed April 21, 2005 (2 pages)
WaMu Movies, printed April 21, 2005 (3 pages)
Southwestern College student card
Certificate for FC Champion Award for the First Quarter 2005
Southwestern College unofficial transcript
Job/Character reference from S_ C. M_, Branch Manager, Washington Mutual, dtd April 27, 2005
CD with two films by the Applicant, dtd December 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USA (DEP)      1997    ELS
 USNR (DEP)      19980903 - 19981026      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 19981027             Date of Discharge: 20030109

 Length of Service (years, months, days):

         Active: 04 02 12
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence:    None
         Confinement:                       None

 Age at Entry: 21

 Years Contracted: 4 (18 month extension)

 Education Level: 12                                 AFQT: 42

 Highest Rate: RP3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (5)                      Behavior: 3.00 (5)                OTA: 3.43

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Navy and Marine Corps Achievement Medal, Good Conduct Medal, Navy Unit Commendation


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

GENERAL (UNDER HONORABLE CONDITIONS)/ PERSONALITY DISORDER, authority: MILPERSMAN, Article 1910-122 (formerly 3620225).
Chronological Listing of Significant Service Events :

030106:  Medical evaluation by Mental Health Unit, Branch Medical Clinic, Naval Station, Staff Psychologist: Applicant diagnosed with AXIS I: Adjustment disorder with mixed anxiety and depressed mood, occupational problem. AXIS II: Personality disorder not otherwise specified with dependent and borderline features. AXIS III: None. AXIS IV: Occupational stressor. AXIS V: GAF (current) 51-60 moderate symptoms. The psychiatrist recommended separation based on a personality disorder of such severity as to render the Applicant unsuitable for continued military service in the U.S. Navy. Applicant was judged to represent a serious risk to self or others if retained on active duty.
030106:  Applicant notified of intended recommendation for discharge by reason of convenience of the government - personality disorder. Applicant notified that the least favorable characterization of service possible is general (under honorable conditions).
030106:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
030108:  Commanding Officer, USS BOXER (LHD 4) , directed the Applicant's discharge with a general (under honorable conditions) by reason of convenience of the government – personality disorder.

030213:  Commanding Officer, USS BOXER (LHD 4), notified Chief of Naval personnel that he directed the Applicant’s discharge with a general (under honorable conditions) by reason of convenience of the government - personality disorder as evidenced by medical documentation. Commanding Officer’s comments: “IAW 1910-122, RP3 C_ (Applicant) is not suitable for continued naval service due to his Personality Disorder. Therefore, a separation from the naval service by reason of Convenience of the Government - Personality Disorder as evidenced by medical documentation was warranted.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030109 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of general (under honorable conditions). 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).

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 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 or other disciplinary action and the Applicant’s performance evaluation averages are sufficient to warrant an honorable discharge. Additionally, the evidence of record shows the Applicant earned a Navy and Marine Corps Achievement Medal and a Good Conduct Medal, both of which are indicative of honorable service. In the absence of any negative service record entries, the Board concluded that the Applicant’s discharge characterization should have been honorable. Relief granted.

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 .

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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