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NAVY | DRB | 2006_Navy | ND0600152
Original file (ND0600152.rtf) Auto-classification: Denied


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

ex-AZAN, USN
Docket No. ND06-00152

Applicant’s Request
The application for discharge review was received on 20051103 . 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 20060908 . 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) for convenience of the government due to a physical or mental condition, not a disability.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“ I would have more pride in my upgrade from General to Honorable. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter of Response from Department of Veterans Affairs, dtd June 5, 2006
 Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20010913 – 20020205               COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 20020206              Date of Discharge: 20040922

Length of Service (years, months, days):

          Active: 0 2 0 7 17
         Inactive: None

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

Age at Entry: 18

Years Contracted: 4

Education Level: 12                                 AFQT: 53

Highest Rate: SN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                  Behavior: NA*             OTA: NA*
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal .

* Not Available


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

GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION, NOT A DISABILITY, authority: MILPERSMAN, Article 1910-120 (formerly 3620200).
Chronological Listing of Significant Service Events :

010906:  Medical waiver granted for history of Attention Deficit Disorder, Asthma and Sinusitis.

030616:  Applicant administratively dropped from Auxiliary Security Force Academy for failing the Navy PRT.

 0 40809 :  Medical evaluation , Department of Psychiatry, Outpatient Clinic, Naval Medical Center, Portsmouth, Virginia .
          AXIS I: EtOH dependence in early partial remission, (v) Occupational problem, Eating disorder NOS, ADHD by history, Conduct disorder by history.
         AXIS II: Borderline personality disorder with antisocial traits
         AXIS III: None
 AXIS IV: Separation from husband, military stressors
          AXIS V: 70
         Plan:
         1) Return to parent command
         2) Recommend expeditious administrative separation as provided for by MILPERSMAN 1910-122 [Separation by Reason of Convenience of the Government – Personality Disorder(s)] . Although not imminently suicidal, the patient represents a long standing pattern of behavior that would place her at risk for harm to self or others if retained on active duty service.
         3) Recommend patient go to command DAPA for SARP II screen.
         4) Recommend Topamax 25 mg po qhs to be titrated up 25 mg each week. Focus of medication is to decrease irritability/liability and assist in thwarting addictive behaviors. Patient had been apprised of the risks and benefits of medication and has expressed informed consent. She is not currently using birth control.
         5) Recommend against further prescriptions of Wellbutrin given the patient’s eating d/o history.
         6) Recommend FFSC for individual counseling
         7) Recommend patient abstain from d rugs or alcohol and attend AA 3x per week.
 8) Patient understands to seek immediate medical attention if her condition declines.
 9) Discussed with Senior Chief E_ [phone number deleted]
10) Will discuss with Dr C_
 11) POC @ NMCP is Dr W_ @ [phone number deleted]
12) F/U with me in 4 weeks or prn

040908:  Applicant physically qualified for separation.

 040922:  DD Form 214: Applicant discharged general (under honorable conditions) by reasons of condition not a disability, authority MILPERSMAN 1910-120.

Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20040922 for convenience of the government due to a physical or mental condition, not a disability (A) with a service characterization of general (under honorable conditions). 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 Board presumed regularity in the conduct of governmental affairs (D).
The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support her issue. In the Applicant’s case, in the absence of a complete discharge package and without credible and substantial evidence to refute the Board’s presumption, the Board invoked the presumption of regularity. Specifically, the Board presumed that the Applicant met the criteria for discharge by reason of physical or mental condition not a disability and that the Applicant was properly processed for separation. Additionally, in the absence of substantial and credible evidence to the contrary, the Board presumed that the Applicant’s character of service, general (under honorable conditions), was warranted at the time of issuance. Relief denied.

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 any post-service 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 22 Sep 2004, 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.

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.

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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