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NAVY | DRB | 2006_Navy | ND0600262
Original file (ND0600262.rtf) Auto-classification: Denied


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

ex-SHSN, USN
Docket No. ND06-00262

Applicant ’s Request
The application for discharge review was received on 20051123 . 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 20061012 . 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) by reason of convenience of the government on the basis of a diagnosed personality disorder .





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant ’s issues, as stated on the application:
“ During my military service time I never received Art . 15 , NJP while in the service . I spent two years in the Navy with an excellent record , with evaluations above average. When I started having problems while aboard ship, I went to the ships doctor requesting help. Once I requested help , I had appointments with doctors for evaluation and group therapy a Kessler AFB Fl. with group session, after completion of this. Prior to this I had gone to the Gulfport VA Hospital due to my having suicidal ideation. After this was completed I was sent to Pensacola Naval Air Station, where I was assigned normal duties such as standing watch and other routine duties. I was evaluated by a psycristis and then given a General Discharge Under Honorable Conditions. I feel that the General Discharge was in error and should be upgraded to an HONORABLE DISCHARGE. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant , was considered:
Applicant ’s DD Form 214 (Service 7) (2)
Cover letter to application from the Disabled American Veterans, dtd November 15, 2005
Victoria Outpatient Clinic appointment letter, dtd December 19, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20010503 - 20010521       COG
         Active: None

Period of Service Under Review :
Date of Enlistment: 20010522              Date of Discharge: 20030919

Length of Service (years, months, days):

          Active: 0 2 0 3 28
         Inactive: None

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

Age at Entry: 1 9

Years Contracted: 4 ( 12 -month extension)
Education Level: 12                                 AFQT: 41

Highest Rate: SHSN

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): Sea Service Deployment Ribbon, Na tional Defense Service Medal .

* Not Available


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 :

030908:  Commanding Officer, Naval Hospital, Pensacola, FL:
Applicant diagnosed with Axis I: (1) Post Traumatic Stress Disorder, Mild, EPTE. (2) Alcohol Dependence, in early remission, EPTE. (3) Cannabis dependence, in sustained remission, by history, EPTE. (4) Methamphetamine dependence, in sustained remission, by history, EPTE. (5) History of cocaine abuse, in sustained remission. (6) Nicotine dependence. (7) History of obsessive compulsive disorder, childhood depression and Tourette’s Syndrome EPTE. (8) Nocturnal Enuresis. (9) Sleep walking disorder. Axis II: Personality disorder not otherwise specified with antisocial and narcissistic features.
The Applicant manifests a long standing disorder of character and behavior which is of such severity as to render this individual incapable of serving adequately in the US Navy. Expeditious administrative separation, is strongly recommended for convenience of the government by reason of severe personality disorder, additionally, SN B_ (Applicant) enlisted fraudulently into the military. Applicant may become a threat to harm self or others if retained in the US Navy. NAVPERS 1070/613 counseling and warning does not apply.

030916 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government for personality disorder by NAVHOSP ltr 6520 Ser 53/403 of 030908.

030916 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights .

031030 :  Commanding Officer, Naval Air Station, Pensacola, FL , informed BUPERS of Applicant ’s discharge with a general (under honorable conditions) by reason of convenience of the government due to personality disorder . Commanding Officer’s comments : “ Seaman B_( Applicant ) was evaluated by a psychiatrist at the Naval Hospital on 8 September 2003. He was diagnosed as having a severe personality disorder. Given the severity of the disorder, it was recommended that Seaman B_( Applicant ) be processed for administrative separation. Seaman B_( Applicant )’s condition renders him unfit for further Naval Service and he has been discharged with a characterization as general under honorable conditions. ”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 200309 1 9 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 and equitable (B and C). The Board presumed regularity in the conduct of governmental affairs (D).
The Applicant contends that his discharge was inequitable because he “never received Art. 15, NJP while in the service” and that he “spent two years in the Navy with an excellent record, with evaluations above average.” Under applicable regulations, separations based on a personality disorder should be honorable unless a general (under honorable conditions) 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. It is true that the Applicant’s record did not contain any evidence of NJP. However, the evidence of record included a history of drug abuse tantamount to fraudulent entry into military service. In light of this evidence, the NDRB unanimously concluded that the Applicant’s discharge characterization of general (under honorable conditions) was proper and equitable. Relief denied.
While 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 service, the Board 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. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. The Applicant submitted letter from Victoria Outpatient Clinic for consideration. The Applicant’s efforts need to be more encompassing to include evidence of continuing educational pursuits, verifiable employment records, documented community service, certification of non-involvement with civil authorities, and credible evidence of a substance free lifestyle. At this time, there is not sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in the characterization of discharge. And so, no relief is granted on this basis.

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 post-service accomplishments or any other evidence related to the 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 .

 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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