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

 ex-HN, USN
Docket No. ND02-00883

Applicant’s Request

The application for discharge review, received 020607, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant listed American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030410.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  I feel my discharge was inequitable because it was caused by a Personality Disorder caused by the military and I request an upgrade to Honorable Discharge.

2.  (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.

Documentation

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

Letter of Recommendation from Supervisor dated March 23, 2000
Certificate of Completion (Medical Assistant) dated March 20, 2002
Certificate of Completion (Medical Assisting Program) January 14, 2001-February 14, 2002
Letter of Recommendation from A_ M_, A.S., CMA dated February 14, 2002
Letter of Recommendation from W_ S_-E_ MA Program Director dated February 14, 2002
Certificate of Excellence dated February 12, 2002
Letter of Recommendation from Dr. M_ T. S_ Executive Director dated March 20, 2002
Transcript
Copy of DD Form 214 

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	900405 - 901002	COG
	Active:   USN			None

Period of Service Under Review:

Date of Enlistment:  901003		Date of Discharge:  930816

Length of Service (years, months, days):

	Active:    02  10  14
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  73

Highest Rate:  HN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.52 (5)	Behavior:  3.52 (5)		OTA:  3.44

Military Decorations:  None

Unit/Campaign/Service Awards:  MUC

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 3620200.

Chronological Listing of Significant Service Events:

NO DISCHARGE PACKAGE ON SERVICE RECORD.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930816 with a 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 and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

Regarding the member’s first issue, the Board disagreed with the Applicant's contention that he is entitled to an upgrade because his discharge was based on a personality disorder.  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.  Per reference (B), the characterization of a member who is discharged with a personality disorder, should be based on the member’s service record.  The Applicant’s service record was marred by a poor performance evaluation just prior to his discharge when he received a 1.0 for military bearing.  In addition, the Board noted the member’s medical record states that the member was counseled 2-3 times for performance-related issues. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his failure to meet the requirements of a discharge characterized as Honorable.  Relief is not warranted.

Responding to the Applicant’s second issue, the NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  However, there is no law or regulation which provides that a discharge may be upgraded based solely on the passage of time, or good conduct in civilian life subsequent to leaving the service.  Normally, to permit relief, an error or inequity must have been found to have existed during the period of enlistment in question.  No such error or inequity is evident in the applicant’s service record.  Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, can be considered.  In determining whether a case merits a change based on post-service conduct, the NDRB considers the length of time since discharge, the applicant's record of community service, employment, conduct, educational achievements, and family relationships.  In reviewing the applicant’s post service, the Board was impressed with the efforts he has begun to make.  However, the Board did not feel that his efforts rose to the level required to upgrade his discharge.  Therefore, relief will not be granted at this time.  The applicant is reminded that he remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at a personal appearance hearing is encouraged but not required. 

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective  05 Mar 1993 until 21 Jul 1994, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT. 

B.  Naval Military Personnel Manual, (NAVPERS 15560C, Change 5, effective 930305 - 940721), Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT ON THE BASIS OF PERSONALITY DISORDER.

C.  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.  

D.  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.

E.  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