DEPARTMENT OF THE NAVY
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

 ex-IC3, USN
Docket No. ND99-01103

Applicant’s Request

The application for discharge review, received 990817, requested that the characterization of service on the discharge be changed to Honorable.  The applicant requested a personal appearance hearing before a traveling panel closest to Brownsville, Texas.  The applicant listed the AMVETS as her representative on the DD Form 293. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000530.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned the discharge was proper but the characterization was in error.  The Board’s vote was unanimous that the character of the discharge shall change to reflect the correct characterization as stated in the Commanding Officer’s letter to BUPERS, dated 24FEB97.  The discharge shall change to: HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620225.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. To whom it may concern;

My name is (applicant) I was An Active-duty Sailor in the United States Navy.  This letter is in regards of my Discharge on February of 1997.  I received a General Discharge (under Honorable Conditions).  I am writing to you in hope that this can be changed to an Honorable.  The following are the reasons why:

I enlisted on July of 1994, which I then went active duty in January of 1995.  I attended Boot camp at Great Lakes, Illinois.  There I graduated top ten percent in my company.  I was then promoted to E-2.

My first command was my A- School.  I attended Interior Communications Electrician Technical School in Great Lakes, Illinois.  I began on April of 1995, and then graduated on September of 1995.

My second command was USS Butte AE27, homeport Earle, New Jersey.  I was then deployed on a Mediterranean Cruise and Persian Gulf Excursion.  I returned on February of 1996.  I had now earned three ribbons, they were; National Defense, Sea Service, and Persian Gulf Medal.  I then took my Third Class Petty Officer exam in March of 1996.  I passed my exam and courses, and was frocked in Norfolk, Virginia on July of 1996.

I was on temporary duty in Norfolk, Virginia for Shipboard Fire Fighting and Damage Control School.  This was from last week of June through the first week of August.

My third and final command was USS O'Bannon DD987, homeport Mayport, Florida.  I arrived there in hope to continue my service as well as I had in my previous commands.

I had received an injury to my knee while stationed on the USS Butte, where I was simply told to keep it raised and iced and prescribed Motrin for pain.  This injury happened while bringing stores and goods on to the ship.  Nothing was written in my records since it was nothing serious I was told.  I still felt pain every once in a while and it increased when I checked on board the USS O'Bannon DD987.  Since this was a Combatant ship there was a great deal of Drills and Exercises that dealt with using stairs.  I mentioned this problem and other Medical problems with HMCS C_ the Chief Corpsman on board, he just said he was to busy and there were no appointments available on base clinic because we were always out to sea.  I also mentioned some financial problems with the Master Chief on board, he simply replied that I should serve my two years remaining, anyway the problems would still be there when I got out.  This began in September of 1996, and continued until January of 1997, when I finally decided to take this problem up the Chain of Command.  I brought the Corpsmans actions to the attention of the Captain.  He simply referred me to a Psychological exam treating me as if I were insane.  I passed the exam where the Psychologist wrote that I was not insane but just mildly upset about the treatment I had been receiving.  Discharge wasn't necessary.  I then spoke to Base Chaplain asking if he could perhaps help me in recommending that I be transferred to a Shore-duty command which was part of my request.  Both, Psychologist and Chaplain, worked in NAS Mayport, Florida, their names I do not recall.  My command refused, saying nothing was available on Shore-duty and a discharge would be best for them.

I then went through the process and medical examinations.  I finally saw a Doctor for my knee.  I was told I had Tendinities on my right knee.  This had been causing swelling and pain.  The Doctor wrote this on my Record.  I had then requested a medical discharge since they had settled on a discharge.  My command refused and gave me a General Discharge with a Personality Disorder.  I was also told by the Personnelman that I could request an upgrade after six months.

That is the reason for this letter.  I would also like to mention that since my discharge I have held a job and plan to attend school to pursue my career.  I have been denied education assistance because of my discharge even after the fact that I paid for my G. I. Bill in my first year.  Now I cannot use it or attain the money back.
Thank you for your time and I wait for your response.  Sincerely,

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214
Letters from Cameron County Veterans Service Office dated August 11, 1999, January 28, 1999 and July 16, 1999
Copy of Evaluation Report and Counseling Record for 31Mar95 to 15Jan96

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USNR (DEP)	940724 - 950122	COG

Period of Service Under Review:

Date of Enlistment:  950123		Date of Discharge:  970225

Length of Service (years, months, days):

	Active:    02  01  03
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  92

Highest Rate:  IC3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.63 (3)	Behavior:  3.00 (3)		OTA:  3.53	5.0 evals

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR, SASM

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority:  NAVMILPERSMAN, Article 3620225.

Chronological Listing of Significant Service Events:

970207:	Medical officer statement, something close to the following:   Applicant diagnosed with borderline personality disorder.  The psychiatrist recommended separation based on a personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service.  Applicant was considered self-destructive and a continuing risk of harm to self or others.

970224:	Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service as evidenced by your personality disorder.

970224:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

970224:	Commanding officer recommended an Honorable discharge by reason of Convenience of the government on the basis of a diagnosed Personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service.  Commanding officer’s comments  (verbatim): I strongly agree with the Staff Psychologist's recommendation of administrative separation in accordance with reference (a). Her borderline personality disorder is not suitable to a shipboard environment.  She is not considered to be fit for continued service because of her borderline personality disorder. Member has been discharged from the naval service with a characterization of Honorable.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970225 General (under Honorable conditions) for Convenience of the government on the basis of a diagnosed Personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but the characterization of discharge was in error (C and D).  The Commanding Officer clearly states in his letter to BUPERS, that the applicant was separated with an Honorable discharge.  There were no disciplinary or administrative matters pending and the applicant’s performance marks were average to slightly above average.  The applicant’s DD 214 should be corrected to accurately reflect the type discharge as Honorable, as determined from the Commanding Officer’s letter dated 24FEB97.  Relief granted.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 
03 Oct 1996 until 11 Dec 97, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER.

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 “afls14.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023