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

  ex-AK2, USN
Docket No. ND05-00189

Applicant’s Request

The application for discharge review was received on 20041109.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area.  The Applicant listed the American Legion as the representative on the DD Form 293.  In the acknowledgement letter, 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 review was conducted in Washington, D.C. on 20050620.  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 4 to 1 that the character of the discharge shall not change.  The discharge shall remain:  GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “My discharge is inequitable because it does not properly reflect my outstanding performance of service while in the U.S. Navy.  Upon review of my service records, you will find endless examples of outstanding service including the following:  1) Awarded Raise in Pay grade to E-2 based upon boot camp performance 2) Awarded Raise in Pay grade to E-3 after completing Aviation Storekeeper A-school with 100% avg., Honor Graduate.  3) Selected for Accelerated Advancement Program, accepted rank of E-4 before 1st anniversary of service.  4) Received 2 LOC’s; one for work completed in Meridian, MS, the other for service rendered during WESTPAC cruise of ’98-’99.  5) Recipient of “Early Promote” evaluation, earned rank of E-5 before completing 2 years of service.  6) Received Good Conduct Medal 7) I have never once been subject to NJP or court martial.”

Remarks:

“Thank you sincerely for your time, fairness, and consideration.”

Additional issues submitted by Applicant’s representative (American Legion):

2.  “Equity Issue:  Based on our review of evidentiary record and on behalf of this former member, we request that the Board also consider provisions of SECNAVINST 5420.174D, Part V, Paragraph 503, as it pertains to post-service conduct, in assessing the merits of this application. 
_______________________________________________________________________

In accordance with Title 32, CFR, Section 724.116 and SECNAVINST 5420.174D, Part I, Paragraph 1.20, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to the Applicant’s petition.

Review of the available records reflect that this former member earned the AFEM, SSDR, NER, NUC, MUC, GCM and maintained 4.0 performance and 3.2 conduct markings.  He did not have any NJPs.  He did have several adverse counseling entries for relatively minor violations of the UCMJ.  On 000914, he was diagnosed with occupational problems and personality disorder, not otherwise specified with narcissistic, antisocial and passive-aggressive traits and recommended for administrative separation.  Following due process notifications, he was discharged General (Under Honorable Conditions) due to a personality disorder as authorized by NAVMILPERSMAN, Article 1910-122.

Essentially, as noted on DD Form 293, this Applicant is requesting that his discharge be upgraded because his overall service record warrants a fully honorable separation.  He has not submitted any additional documentation beyond copies of his service record for consideration.

The American Legion’s express purpose in providing this statement and any other submittals or evidence filed is to assist this Applicant in the clarification and resolution of the impropriety or inequity raised.  To that end, we rest assured that the NDRB’s final decision will reflect sound equitable principles consistent in law, regulation, policy and discretion as promulgated by Title 10, USC, Section 1553 and set forth in Title 32, CFR, Part 724 and SECNAVINST 5420.174D.

This case is now respectfully submitted for deliberation and disposition.”

Documentation

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

Applicant’s DD Form 214
Applicant’ service related records (145 pages)

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	970718 - 970824	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  970825		Date of Discharge:  010321

Length of Service (years, months, days):

	Active:    03  06  27
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 (12 months extension)

Education Level:  12 ½ 			AFQT:  90

Highest Rate:  AK2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (5)		Behavior:  3.20 (5)		OTA:  3.37

Military Decorations:  None

Unit/Campaign/Service Awards:  AFEM, SSDR, NER, NUC, MUC, GCM

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:

991223:	Applicant on unauthorized absence 0715-0900.  Applicant awarded 2 hours EMI.

000209:	Applicant on unauthorized absence 0715-0900.  Applicant awarded 2 hours EMI.

000210:	Applicant on unauthorized absence 0715-0745.  Awaiting warning and written counseling on mitigating circumstances.

000211:	Applicant found sleeping in storeroom.  Counseled by Division Officer and Readiness Officer.  Mitigating circumstances.  Applicant awarded 2 hours EMI.

000216:	Applicant provided counseling as a result of observed patterns of behavior.  Referred to medical department for a medical evaluation.  Provided day of special liberty to deal with personal affairs.

000218:	Applicant found sleeping in storeroom.  Applicant relieved of duties as MSP supervision, reassigned as IBS supervisor.  Mitigating circumstances.  Applicant awarded 2 hours of EMI.

000501:	Applicant late to duty section muster.  Failure to set yoke properly.  Applicant awarded 4 hours of EMI.

000824:	Applicant self-referred to ship’s medical and was sent TAD to Bremerton NH without the knowledge of his immediate COC.  Missed underway as a result of being TAD to naval hospital.  Applicant completed outpatient crisis intervention.

000914:	Applicant on unauthorized absence 0715-0745.  Applicant received warning:  EMI is not given because it is deemed ineffective.  Assigned working hours beyond normal working day.

000914:	Applicant diagnosed with occupational problem, personality disorder, not otherwise specified with narcissistic, antisocial, 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 found to be responsible for his actions.

000914:	Retention Warning: Advised of deficiency (Numerous verbal counseling sessions based on demonstration of poor self-control resulting in two suicide attempts, and insubordinate conduct to superiors.  Specifically, the Applicant’s lack of maturity, reliability, and demonstration of poor self-control.  Additionally, as evidenced by the Applicant’s 000914 psychological evaluation for personality disorder.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

000928:	Applicant provided counseling as a result of observed patterns of behavior.  Anger and depression.  Applicant provided special liberty to deal with personal affairs.

001121:	Applicant received letter of indebtedness from the Commanding Officer, Naval Education and Training Professional Development and Technology Center as a result of withdrawal while failing from Spanish 101 at Olympic College.  Applicant counseled and provided assistance to schedule repayment of debt.

010312:	Applicant notified of intended recommendation for 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.  The Applicant notified that the least favorable characterization of service possible is general (under honorable conditions).

010314:	Applicant advised of rights and having elected not to consult with certified counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and submit a statement.

Undated:	Applicant’s written statement for consideration by the separation authority.

010320:	Commanding Officer directed 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010321 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).  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).

Issue 1.  Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question.  No such impropriety or inequity is evident during the Applicant’s enlistment.  The Applicant was diagnosed by a qualified medical officer as possessing a long-standing disorder of character and behavior of such severity as to interfere with serving adequately in the Navy.  Furthermore, the medical officer found the Applicant to be responsible for his actions.  The Applicant was repeatedly counseled both verbally and in writing for several minor unauthorized absences, sleeping while on duty, and dereliction of duty (fail to properly set a yoke).  The Applicant was properly issued a counseling/retention warning to overcome his deficiencies in behavior.  The evidence of record indicates that the Applicant’s conduct did not improve after the warning was issued.  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.  A general discharge is warranted for behavior not sufficiently meritorious to warrant an honorable discharge.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy.  Such conduct falls short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of his characterization of service.  Relief is not warranted.

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 Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided any documentation for the Board to consider.  Relief denied.

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 27, effective 
27 March 2000 until 13 Aug 2001, 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 II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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

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

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