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NAVY | DRB | 2006_Navy | ND0600552
Original file (ND0600552.rtf) Auto-classification: Denied


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

ex-ADAA, USN
Docket No. ND06-00552

Applicant’s Request
The application for discharge review was received on 20060314 . 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 repr esentative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070111 . 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 .

The NDRB did note administrative error(s) on the original DD Form 214. Block 12a , Record of Service, Date Entered AD This Period , should read : “ 04 JUN 22 ,” and Block 12c , Net Active Service This Period, should read: “ 00 09 03 .” The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.




PART I - ISSUES AND DOCUMENTATION


Decisional Issues
Propriety: Discharge not warranted.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Ltr from A/Commander C. B_, Professional Standards, Police Department, City of Fort Pierce, dtd January 5, 2006
 Applicant’s DD Form 214 (Member 1 and Member 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USAR     20020607 - 20020920      ELS
         Inactive: USNR (DEP)     20040106 - 20040 621       COG
Period of Service Under Review :
Date of Enlistment: 20040 622              Date of Discharge: 20050324

Length of Service (years, months, days):

          Active: 00 0 9 0 3
         Inactive: None

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

Age at Entry: 20

Years Contracted: 4

Education Level: 12                                 AFQT: 51

Highest Rate: ADAA

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

050209:  Commanding Officer, Naval Hospital Camp Lejeune, recommended that AA J_ M_ (A pplicant) be processed for Expeditious Administrative Separation by reason of unsuitability.
AA M_ has been seen in the Mental Health Clinic on 050202 and 050208. His primary diagnosis is borderline Personality Disorder as manifested by a history prior to the USN of self-mutilation and suicide attempts and a more recent episode of self-mutilation as a maladaptive method of coping with stress. AA M_ scratched his arms and neck as a way of coping with anger when he was extremely angry with someone in his command. He has recently had sleeping and appetite problems and difficulty with anger control. He appears to be emotionally unstable and frequently behaves impulsively. Currently he denies suicidal ideation but is considered at high risk due to his self-injurious behavior and past history of suicide attempts.

050214:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of the Government Personality Disorder.

050214 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation .
050316 :  Commanding Officer directed the Applicant's general (under honorable conditions) discharge by reason of personality disorder.

050324 :  DD Form 214: Applicant discharged with General (Under Honorable Conditions) by reason of personality disorder.

Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20050324 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 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 his issue. In the Applicant’s case, in the absence of substantial evidence to refute the Board’s presumption, the Board invoked the presumption of regularity. Specifically, the Board presumed that the positive aspects of the Applicant’s service was outweighed by sufficient negative conduct or performance to merit a general (under honorable conditions) character of service.

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 relevant post-service documentation to consider a change to the characterization of discharge. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Relief is not warranted.

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 19 June 2005, 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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