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NAVY | DRB | 2006_Navy | ND0600896
Original file (ND0600896.rtf) Auto-classification: Denied


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

ex-CTRSN, USN
Docket No. ND06-00896

Applicant ’s Request
The application for discharge review was received on 20060622 . 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 20070426 . After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, inequity in the characterization of the Applicant ’s service was discovered by the NDRB. The Board’s vote was unanimous that the discharge shall change to: HONORABLE . The narrative reason shall remain due to “Personality Disorder. ”




PART I - ISSUES AND DOCUMENTATION

Decisional Issues
The Applicant is requesting an upgrade based on his claim that the Navy forced him to make a choice between the military or caring for his family.

The Applicant is claiming personal problems as a contributing factor for his current discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant , was considered:
Applicant ’s DD Form 214 (Member 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19940521 - 19940817       COG
         Active: None

Period of Service Under Review :
Date of Enlistment: 19940818     Date of Discharge: 19960116

Length of Service (years, months, days):

          Active: 0 1 0 4 29
         Inactive: None

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

Age at Entry: 22

Years Contracted: 4
Education Level: 12                                 AFQT: 62

Highest Rate: CTRSN

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 3620200.
Chronological Listing of Significant Service Events :

951221:  Medical evaluation by D_ E. J_, LT MSC, USNR
         AXIS I: No diagnosis.
         AXIS II: Personality disorder not otherwise specified with passive-aggressive, narcissistic, and dependent traits.
         AXIS III: No known or reported.
         Plan: The attending psychologist advises expeditious administrative separation for unsuitability.
         Although the patient is not imminently suicidal or homicidal, he is at continuing risk to do harm to self or others. The Patient has had a problematic adjustment to the ship ever since reporting aboard. The patient has maintained a consistent drive to be placed on shore duty or be discharged from the service. If retained, he will be a continuing problem to the command.
960105 :  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 due to personality disorder as evidenced by service record entries.

960105 :  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 .
960128 :  Commanding Officer informed Chief of Naval Personnel of Applicant ’s discharge on 960116 with a general (under honorable conditions) by reason of convenience of the government due to a personality disorder as evidenced by service record entries.

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 19960116 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 i mproper ( B ).

The Applicant is requesting an upgrade of his discharge characterization to honorable. For discharges based on personality disorder, the discharge is normally honorable, although a general (under honorable conditions) characterization of service is warranted when significant negative aspects of performance outweigh a member’s positive aspects of performance. In the Applicant’s case, the Board found no adverse counselings, nonjudicial punishments, evaluations or other evidence in the record documenting significant negative aspects of performance. Therefore, the Board found that the Applicant’s characterization of service as general (under honorable characterization) was improper due to an error of fact and discretion, and voted unanimously to change the Applicant’s discharge characterization to honorable. Relief is granted.

The Applicant is requesting an upgrade based on his claim that the Navy forced him to make a choice between the military or caring for his family. The NDRB recognizes that serving in the U.S. Navy is 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 members of the Navy serve honorably and therefore earn their honorable discharges. In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. Therefore, on the basis of the Applicant’s belief he should receive an upgrade because his family situation was impacted, relief is 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), 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 50 2 , Propriety .
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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