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

 ex-AR, USN
Docket No. ND04-00471

Applicant’s Request

The application for discharge review was received on 20040128.  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 20040922.  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)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “I have been a seasonal fire fighter with the US Forest Service now for 3 seasons and have done very well at it.

I have received high marks of duty and received a award for excelence in service for the CMC of Camp Pendleton during the Robola fire Oct 2003 on the base.

I want to further my carerr with the U.S.F.S. on the Cleavland National Forest.”

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	920210 - 920720	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  920721		Date of Discharge:  931220

Length of Service (years, months, days):

	Active:    01  05  00
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  37

Highest Rate:  AA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.80 (1)	Behavior:  2.60 (1)		OTA:  2.60

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

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:

931102:	Psychiatric evaluation: Mental Health Department: Impression: Personality disorder, not otherwise specified with impulsive and passive-aggressive traits.

931122:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 931101 to 931102 (1 day), violation of UCMJ, Article 90: Disobedience of a lawful command, violation of UCMJ, Article 134: Failure to pay a just debt.
	Date of offenses: 930902, 931025, 931101.
	Award: Restriction and extra duty for 20 days, reduction to E-1.  Reduction suspended for 3 months.  No indication of appeal in the record.

931123:	Retention Warning: Advised of deficiency (Beginning pattern of misconduct as evidenced by your NJP on 931122 for violation of UCMJ, Article 86: Unauthorized absence from 931101 to 931102, violation of UCMJ, Article 90: Disobedience of a lawful command, and violation of UCMJ, Article 134: Failure to pay a just debt.).  Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

931130:	Applicant diagnosed with a severe, longstanding personality disorder, not otherwise specified with impulsive and passive-aggressive traits.  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.

931208:	Vacate reduction to E-1 awarded at CO’s NJP dated 931122.

931208:	NJP for violation of UCMJ, Article 91: Disrespect to a PO on 931204, violation of UCMJ, Article 117: Provoking speech on 931204.
	Award: Restriction and extra duty for 10 days.  No indication of appeal in the record.

931220:	DD Form 214: Applicant discharged with a general (under honorable conditions) by reason of convenience of the government on the basis of a personality disorder in accordance with NAVMILPERSMAN, Article 3620200.

Applicant’s discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19931220 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).  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this, the Board found that the discharge was proper and equitable (C and D).  The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (E).  

Issue 1:  Characterization of service as general (under honorable conditions) 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 record is marred by award of nonjudicial punishment (NJP) on two separate occasions thus substantiating the misconduct.  The Applicant’s conduct and proficiency markings, which form the primary basis for determining the character of his service, reflect his misconduct, and fall below that required for an honorable characterization of service.  An upgrade to honorable would be inappropriate.  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.  Evidence of continuing educational pursuits, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.  At this time, the Applicant has not provided sufficient verifiable documentation of good character and conduct to mitigate his misconduct while on active duty.  Relief denied.  

The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable.   

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 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 9, paragraph 9.3, EQUITY 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 9.2, PROPRIETY OF THE DISCHARGE.

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

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