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

FOR OFFICIAL USE ONLY

 ex-AMAN, USN
Docket No. ND05-01077

Applicant’s Request

The application for discharge review was received on 20050614.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “medical.”  The Applicant requests a documentary record discharge review.  The Applicant designated Veterans of Foreign Wars as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060413.  After a thorough review of the available 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 and reason for discharge shall not change.  The discharge shall remain General (Under Honorable Conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“So I will not be held back in the civilian world I’m a volunteer fireman and I would like to become a full time fireman, and they check records when you apply.”

From Applicant’s letter to the Board dtd December 1, 2005:

“To the Naval Council of Personnel Board,

You are reviewing my request for a change in discharge from the Armed Service.  It has come to my attention when I was talking to a Navy Recruiter that in order to join the reserves I have to get my RE-Code changed from RE-4 to RE-1.  So there for I’m requesting that my RE-4 can be change to RE-1.  I apologies for not having this information when I submitted my request to the Board.

Sincerely,

[Applicant]”

Additional issues submitted by Applicant’s counsel/representative (Veterans of Foreign Wars):

“Propriety or Equity Issue(s):  The applicant presents maintains that he is a changed man of honorable character and high moral standing.

Statement:  In accordance with 32 CFR § 724, and SECNAVINST 5420.174D, the Veterans of Foreign Wars submits to the Naval Discharge Review Board (NDRB) the above issue and following statement in supplement to the Applicant’s petition.

The applicant is asking that his General under Honorable Conditions Discharge be upgraded based on his contention that he is a changed man of honorable character and high moral standing.  To that end, he hopes to contribute to society by joining his municipal fire department.

The Veterans of Foreign Wars’ 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 § 1553, and set forth in 32 CFR § 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:

Firefighter I Certificate of Completion from State of Connecticut, dtd December 14, 2004
10 pages from Applicant’s service record
Applicant’s DD Form 214
Letter of Congratulation from S_ B_, Secretary of the State of Connecticut, for 2005 Public Service Award, dtd April 6, 2005
Certificate of Completion (HazMat Awareness Windsor Fire Department), undtd
Certificate of Participation (15TH Annual New England Fire Service Training Weekend) held January 15-16, 2005
Certificate of Completion, Flashover Survival, dtd March 31, 2005
Letter from Applicant dtd December 1, 2005 
Applicant’s initial DD Form 293 received by NDRB on April 7, 2005

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20001114 – 20010730		COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20010731		Date of Discharge:  20040204

Length of Service (years, months, days):

	Active:    02  06  04  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  none
	Confinement:		  none

Age at Entry:  18 

Years Contracted:  4 (12 month extension)

Education Level:  12				AFQT:  79

Highest Rate:  AMAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.0 (3) 		Behavior:  2.7 (3) 		OTA:  2.95 

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal, Sea Service Deployment Ribbon, Armed Forces Expeditionary Medal, Marksman Ribbon 9MM Sharpshooter, M-16 Expert, Meritorious Unit Commendation Medal.

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

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority:  MILPERSMAN, Article 1910-122 (formerly 3620225).

Chronological Listing of Significant Service Events: 

020827:	NJP for violation of UCMJ, Article 91:  Assault of a Superior Petty Officer.
Violation of UCMJ, Article 134: Disorderly conduct.
	Award:  Forfeiture of $552.75 per month for 2 months (suspended for 6 months), reduction to E-2.  No indication of appeal in the record.

020903:	Retention Warning:  Advised of deficiency (Violation of UCMJ, Article 91 (Assault of a Superior Petty Officer); violation of UCMJ, Article 134 (Disorderly Conduct), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

031222:	SF513 [Medical Record] Entry:  “20 year old male reported to sickcall feeling he need to be to be place on medication for ADD.  Member states he has taken Ritalin before joining the Navy.  Member states he is losing concentration at his job, becoming easily aggravated and has started a fight but did not strike anyone.  He is pending mast based on his behavior.  He is desiring therapy for ADD.  Please eval and treat.  Patient states he is not suicidal or homicidal at this time.  He states he is sleeping okay but awaken throughout the night.  Bite his nails, maintain poor diet.  Please eval and treat accordingly.”

040203:	Report of Medical History: Member cutting on wrist seen in psych.  Likely Personality Disorder, no records available.  No documentation. Prompted Separation from Navy.  Separation, Administrative with General discharge, classified as Honorable.  Denies suicidal ideations.  Presented to ER after cutting wrist Jan 2004.  General Discharge 2d Personality DO. 

040204:	Applicant’s Evaluation Report and Counseling Record:  Performance:  3.0.  Behavior:  2.0.  Recommended for retention and deemed promotable.

040204:	DD Form 214: Applicant discharged general (under honorable conditions) by reason personality disorder, per MPM 1910-122. 

Service Record did not contain the Administrative Discharge package. 

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040204 by reason of convenience of the government on the basis of a diagnosed personality disorder (A and B) with a service characterization of general (under honorable conditions).  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 and equitable (C and D).  The Board presumed regularity in the conduct of governmental affairs (E).

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 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 was marred by a retention warning and nonjudicial punishment proceedings for violations of Articles 91 and 134 of the UCMJ.  The Applicant’s violation of Article 91 of the UCMJ is considered the commission of a serious offense.  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 and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The Applicant contends through his representative that he is, “a changed man of honorable character and high moral standing.”  Additionally, the Applicant and his representative request that the Applicant’s discharge be changed in order for the Applicant to pursue employment as a firefighter.  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.  The Applicant provided a letter of congratulation for public service, service records and post-service training documentation.  Additional documentation that should be provided to the Board include verifiable employment records and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided sufficient post-service documentation for the Board to consider. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.   Relief denied.

The Applicant requests that his narrative reason for separation be changed to “Medical.”  The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted.  The government enjoys a presumption of regularity in the conduct of its affairs.  The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that personality disorder is not the proper narrative reason for the Applicant’s discharge.  To change the Narrative Reason Separation would be inappropriate.

The Applicant requests that his “RE-code” be changed.  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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.  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), re-issued October 2002, effective 22 Aug 2002 until 19 June 2005, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s) 

B.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 91, insubordinate conduct toward (striking or assaulting) a noncommissioned or petty officer.

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.

E.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.  

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