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

 

 ex-DC3, USN
Docket No. ND05-00142

Applicant’s Request

The application for discharge review was received on 20041029.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for separation and the separation code be changed.  The Applicant requests a documentary record review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050329.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an inequity in the narrative reason for separation and the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the narrative reason for separation shall change and by a vote of 3 to 2 that the character of the discharge shall change.  The discharge shall change to:  HONORABLE/ SECRETARIAL AUTHORITY, authority: NAVMILPERSMAN, Article 1910-164.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “I wish to establish eligibility under chapter 30 of Title 38 U.S.  Code to request the application for Education Benefits for the Department of Veterans Affairs Education Assistance Program.

My Reason for Separation is listed as a “Personality Disorder” I feel that this classification is inequitable because it was based on an isolated series of events that caused a great deal of stress between my naval career and home life.  I sought counseling through my chain of command and got rejected this made me feel that I had no other choice than to seek psychological attention to work through the problems I was having.  After being admitted to the observation wing at Kesler Medical Center it was determined that I was “Unable to Adapt to Military Lifestyle” The OIC recommended that I be discharged at the convenience of the government.  I was discharged with an OTH and returned to civilian life.

Since my discharge I have received my Bachelors degree at my own expense and have been employed as a subcontractor for the DoD providing training for Pre-Comm naval personnel (DDG, LHD, and LPD hulls) at Northrop Grumman Ship Systems.  The inequitable discharge I received is affecting my career advancement by denying mc from pursuing my educational goals by not allowing me to utilize my Montgomery G.I. Bill to receive my Masters Degree.

I respectfully request that the board conduct a review of my application and return a favorable action of upgrading me with an Honorable Discharge and if possible change my Reason for Separation and Separation Code on my DD Form 214.”

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)	960826 - 970209	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  970210		Date of Discharge:  990907

Length of Service (years, months, days):

	Active:    02  06  28
	Inactive:  None

Age at Entry:  21			Years Contracted:  4

Education Level:  14			AFQT:  42

Highest Rate:  DC3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.67 (3)		Behavior:  3.00 (3)		OTA:  3.25

Military Decorations:  None

Unit/Campaign/Service Awards:  Rifle Marksman Ribbon, SSDR, JMUC, LoC

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 1910-122 (formerly 3620225).

Chronological Listing of Significant Service Events:

990709:	Psychological Evaluation Diagnosis: AXIS I: Adjustment disorder with depressed mood.  AXIS II: Diagnosis deferred.  AXIS III: None.  Recommend expedient actions be taken for separation from service under the appropriate administrative instruction.  The disorder noted above is so severe that the member’s ability to function in the Navy environment is significantly impaired and interferes with the member’s performance of duty.  Although, at the time of discharge from Keesler AFB, MS, he will not be at significant risk for suicide, continued stress of the active duty environment is likely to result in dangerousness to himself in the future.

990729:	Evaluation: AXIS I: Adjustment disorder with depressed mood, resolving, Alcohol abuse, episodic, Cannabis abuse, episodic.  AXIS II: Dependent personality traits.  AXIS III: No diagnosis.  AXIS IV: Moderate, with sever childhood verbal and physical abuse, and current martial conflicts.  AXIS V: Current = 65.  Past year = 55.  This individual is not likely to benefit from counseling, given the wife’s perspective on Navy duty.  Substance abuse counseling or treatment is needed, but will also not likely alter the course of events.  It is strongly recommended that this individual be processed for separation in accordance with MILPERSMAN 1910-122.

990816:	Commanding Officer directed the Applicant’s with a general (under honorable conditions) by reason of convenience of the government on the basis of a personality disorder.

Complete discharge package unavailable

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990907 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).  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper, but inequitable (B and C).  The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1:  The Applicant requests a narrative reason for separation change.  After a review of the evidence of record, the Board unanimously agrees with the Applicant.  The Applicant was diagnosed by competent medical authority on 990709 and again on 990729 with an adjustment disorder with depressed mood.  This diagnosis did not qualify the Applicant for discharge by reason of convenience of the government on the basis of a personality disorder.  As such, the Applicant’s narrative reason for separation is improper and is changed to secretarial authority.  Relief granted.

For discharges based on secretarial authority, the discharge should be honorable unless there exists justification for a general (under honorable conditions), under other than honorable conditions, or entry level separation characterization.  Although the discharge package was incomplete, the Board discerned from the Commanding Officer’s recommendation that the Applicant was not the subject of nonjudicial punishments, civil misconduct or adverse evaluations.  As such, there is nothing in the available record to warrant a general (under honorable conditions) characterization of the Applicant’s service.  Therefore, the Board found that the Applicant’s general (under honorable characterization) was inequitable and voted 3 to 2 to change the Applicant’s discharge characterization to honorable.  Relief granted.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 
20 May 99 until 26 March 2000, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s).

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.
D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, 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 “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