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

 
ex-SN, USN
Docket No. ND03-01400

Applicant’s Request

The application for discharge review was received on 20030820.  The Applicant requests the 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040617.  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/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 1910-120 (formerly 3620200).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

No issues were submitted by the Applicant.

Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION."  None were found.

Applicant also marked the box “I PREVIOUSLY SUBMITTED AN APPLICATION 20021017 AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES.  None was found.
Documentation

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

Applicant’s DD Form 215
Applicant’s DD Form 214
Travel certificate separation without orders, dated August 9, 2002
Certificate of enrollment from Middle Tennessee State University, dated September 12, 2003
Transcript from Middle Tennessee State University, dated September 12, 2003
Criminal background check from Hardin County Sheriff’s Department, dated September 9, 2003

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	000118 - 000328	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  000329		Date of Discharge:  020809

Length of Service (years, months, days):

	Active:    02  04  11
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  59

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (2)	Behavior:  3.00 (2)		OTA:  3.00

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR, NDSM, Letter of Appreciation

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION, NOT A DISABILITY, authority:  NAVMILPERSMAN, Article 1910-120 (formerly 3620200).

Chronological Listing of Significant Service Events:

010703:	Applicant advised that he failed the March 9, 2002 physical readiness test by failing the run.

010516:	Addiction Rehabilitation Department: Applicant undergoing Level III treatment for alcohol dependence.  A: Patient presented with thoughts that life is not worth living.  He threatened to carry out self-harm if returned to his ship.  He refused to continue treatment at ARD.  He would not contract for safety.  He did not appear to be malingering.  He reported a history of suicide attempts and chronic suicidal ideation over the past year.  He will require hospitalization for stabilization and prevention of self-harm.  Adjustment disorder (chronic) is more likely than a depressive disorder.  P: Patient is discharged from ARD.  Transfer patient to NMCP Psychiatry for stabilization in an inpatient setting.  Plan reviewed with patient.

011121:	USS DEYO medical: Applicant states he is suicidal.  A: Psychic factors associated with disease classified elsewhere all.  P: Referred to PMNH for further evaluation.

020117:	Addiction Rehabilitation Department: A/P: Applicant in treatment at ARD for EOTH, now with suicide ideation per evaluation by staff psychologist.  Stable for transport to Psychiatric clinic to be evaluated for possible inpatient admission.

020128:	Applicant notified of intended recommendation for discharge with a 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.

020128:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

020128:	Commanding Officer recommended discharge with a 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.

020212:	Retention Warning: Advised of deficiency (You have been diagnosed by a Psychiatrist with an adjustment disorder with depressed moods.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

020220:	CNPC informed command that the Applicant did not meet the criteria for separation due to convenience of the government due a personality disorder.  Process Applicant for separation due to convenience of the government due to physical or mental conditions in accordance with MILPERMAN 1910-120.

020725:	Applicant notified of intended recommendation for separation by reason of convenience of the government due physical or mental conditions not necessarily amounting to disability but affecting potential for continued active duty in the naval service as evidenced by diagnosis of an adjustment disorder with depressed moods. 

020725:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

020729:	Commanding Officer recommended separation by reason of convenience of the government on the basis of a physical or mental conditions not necessarily amounting to disability but affecting potential for continued active duty in the naval service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020809 with a general (under honorable conditions) for convenience of the government due to a physical or mental condition, not a disability (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 and equitable (C and D).

The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident during the Applicant’s enlistment.  Relief denied.

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 the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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.  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.  As of this time, the Applicant has not provided sufficient documentation of good character and conduct.  Therefore, no relief will be granted.

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 any claims of post-service accomplishments or any other evidence related to his 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 33, effective
28 Aug 01 until 21 Aug 2002, Article 1910-120 (formerly 3620200), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.

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