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NAVY | DRB | 2006_Navy | ND0600836
Original file (ND0600836.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND06-00836

Applicant’s Request
The application for discharge review was received on 20060605 . 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 20070315 . 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 Uncharacterized by reason of convenience of the government on the basis of a diagnosed personality disorder .




PART I - ISSUES AND DOCUMENTATION

Issues

         Propriety: Improper characterization of service

         Equity: Post service

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
Applicant’s Resume
 Character Reference ltr from D_ C_
Reference Letter from W_ E_, College Park Christian Academy, dtd May 31, 1998
Employment Recommendation ltr from D_ S_, dtd October 10, 2003
 Employe r Reference ltr from L_ V_, dtd July 26, 2005
 Reference Letter from B_ D. A_, dtd June 11, 1998
 Cover Letter from L_ C_, Veterans Service Officer, dtd May 17, 2006
Employment Reference ltr from M_ R_, dtd July 26, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19950825 - 19950918       COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 19950919     Date of Discharge: 19960403

Length of Service (years, months, days):

          Active: 00 0 6 15
         Inactive: None

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

Age at Entry: 18

Years Contracted: 4

Education Level: 12                                 AFQT: 73

Highest Rate: SR

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 A pplica ble


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

UNCHARACTERIZED/ PERSONALITY DISORDER, authority: MILPERSMAN, Article 3620200.
Chronological Listing of Significant Service Events :

960223:  Medical evaluation by R. J. O_, Attending Physician, Naval Hospital, Great Lakes, IL.
          Applicant referred for admission following statement of suicidal ideation.
 Impression:
 AXIS I: Adjustment Disorder with Depressed Mood; Alcohol Abuse.
AXIS II: Personality Disorder, Not Otherwise Specified, Severe, with Borderline, Dependent, Passive-Aggressive and Narcissistic Features.
AXIS III: Acne; Neck Spasm.
AXIS IV: Military; Separation from family.
AXIS V: Global Assessment of Function 50 upon admission.
Recommendation:
Because of the patient’s obvious inability to adjust to the military setting as evidenced by his adjustment disorder, also as evidenced by prior existing personality disorder which is severe and alcohol abuse history, the patient should received an expeditious entry level separation. If allowed to continue on active duty, he represents a continuing risk to harm to self or others. Command may wish to pursue administrative separation for personality disorder in accordance with MILPERSMAN 3620225. Because of this severe personality disorder, he is not considered amenable to effective treatment in the military setting. Service member is considered to present a continuing danger to himself or other if expeditious separation not be undertaken.

960305 :  Applicant notified of intended recommendation for discharge by reason of convenience of the government on the basis of a personality disorder as evidenced by your Chronological Records of Medical Care. Applicant notified that, if separation is approved, the description of service will be entry Level Separation (where applicable) or the least favorable characterization of service authorized is General.

960305 :  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 .
960314 :  Commanding Officer , Service School Command, Great Lakes directed the applicant discharge with an entry level separation by reason of convenience of the government on the basis of a personality disorder .

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19960403 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of uncharacterized. 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).
Propriety – Improper characterization of service: The Applicant’s requests an upgrade contending that he “was told when [he] separated from the Navy that [he] would receive a general discharge.” On 19960305, the Applicant was notified the least favorable characterization of service authorized in his case is General, meaning the Applicant could receive no worse than a general (under honorable conditions) discharge. This is a proper notification. However, by regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a service member’s performance or conduct that would merit another characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during his 6 months in the military to warrant a higher characterization. No relief is granted.

The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

Equity – Post service: 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 six references for consideration. The Applicant’s efforts need to be more encompassing to include evidence of continuing educational pursuits, verifiable employment records, documented community service, and certification of non-involvement with civil authorities. 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 is advised that the Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits or enhancing employment and educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge. Since these issues do not provide a foundation upon which the Board can grant relief, relief on this basis 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. 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), Change 9, effective 22 Jul 94 until 23 Jun 96, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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