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NAVY | DRB | 2006_Navy | ND0600863
Original file (ND0600863.rtf) Auto-classification: Denied


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

ex-AS3, USN
Docket No. ND06-00863

Applicant ’s Request
The application for discharge review was received on 20060614 . 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 20070329 . 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 - ISSUES AND DOCUMENTATION

Decisional Issues

Equity: Characterization not warranted by overall service record

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant , was considered:
Applicant ’s DD Form 214 (Member 4)
Working copy of Evaluation Report and Counseling Record for July 16, 2000 to January 15, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19980720 - 19980729       COG
         Active: None

Period of Service Under Review :
Date of Enlistment: 19980730              Date of Discharge: 20010823

Length of Service (years, months, days):

         Active: 0 3 00 24 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 5 day s
         Confinement:              None

Age at Entry: 22

Years Contracted: 4 ( 24 -month extension)

 Education Level: 1 3                                  AFQT: 63

Highest Rate: AS 3

 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): None

* 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 :

980731:  Counseling entry: You are being retained in the Naval service, despite your fraudulent induction as evidenced by your failure to disclose required basic enlistment eligibility information. This decision is based on the information you provided the Recruit Quality Assurance Interviewer and if it is found that additional information has not been disclosed you could be subject to other judicial or administrative proceedings.
         (Criminal trespassing, 6/93, Russell, PA, 3 months supervised probation/paid $100.) However, any further deficiencies in performance or conduct may result in processing for administrative separation.

990331 :  NJP for violation of UCMJ, Article 86: Unauthorized absence.
Violation of UCMJ, Article 92 : Orders violation.
         Award: Forfeiture of $ 450.0 0 per month for 2 month s , correctional custody for 30 days, reduction to E-1 . Reduction suspended for 6 months. No indication of appeal in the record.
990331:  Retention Warning: Advised of deficiency ( NJP held on 990331 for VUCMJ Art 86, UA, 92, orders violation. ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
010511:  Applicant on unauthorized absence 0700-0730.

 010822:  Medical evaluation by L. R. C_, LCDR, MC, USNR, Staff Psychiatrist, Naval Medical Center Portsmouth: (Applicant)…admitted for crisis intervention in the context of military stressors…depressive symptoms with suicidal ideations…since on sea duty….low affect, tolerance, impulsive gestures (cutting his wrists)…
          Impression: …meets criteria for personality disorder…he has no motivation for retention.
 AXIS I: No diagnosis.
          AXIS II: Personality disorder not otherwise specified with borderline, avoidant, and depressive traits.
         AXIS III: No diagnosis.
         AXIS IV: Routine military.
         AXIS V: GAF: 55.
          Discharge instruction: The attending psychiatrist recommends expeditious administrative separation for unsuitability in accordance with MILPERSMAN 1910-122 secondary to a personality disorder. While not imminently suicidal or homicidal, he is at a much higher risk of attempting to harm himself or others. If not separated, he is considered likely to (illegible) progressively more dangerous actions which could harm himself or others.

010823 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of personality disorder.

010823 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
010823 :  Commanding Officer separated Applicant by reason of convenience of the government on the basis of personality disorder with characterization of service as g eneral (under honorable conditions) .

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 20010823 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of general (u nder 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.

When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A general discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service was marred by evidence of a fraudulent enlistment, a retention warning, and a nonjudicial punishment proceeding for violations of Articles 86 and 92 of the UCMJ. The Applicant stated he did the best he could considering his circumstances. The NDRB recognizes that serving in the Navy is very challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most Sailors serve honorably and well and therefore earn honorable discharges. In fairness to those Sailors, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. The NDRB determined that the negative aspects of the Applicant’s performance occurred prior to being diagnosed with a personality disorder; appear unrelated to the circumstances leading to that diagnosis; and that his service is equitably characterized as being general (under honorable conditions). Relief is not warranted.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective
14 Aug 2001 until 21 Aug 2002, 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 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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