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

FOR OFFICIAL USE ONLY

ex-YN3, USN
Docket No. ND06-00740

Applicant’s Request

The application for discharge review was received on 20060512.  The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070308.  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 3 to 2 that the characterization of the discharge shall not change.  The discharge shall remain General (Under Honorable Conditions) for convenience of the government due to a physical or mental condition, not a disability.

The NDRB did note administrative error on the original DD Form 214.  Block 12c, Net Active Service This Period, should contain the following statement:  “05 01 27.”  The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

None

Documentation

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

Applicant’s DD Form 214 (Member 4)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19990615 - 20000621	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20000622		Date of Discharge:  20050817

Length of Service (years, months, days):

	Active:    05  01  27  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18 

Years Contracted:  4 (18-month extension)

Education Level:  12				AFQT:  43

Highest Rate:  YN3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NA*			Behavior:  NA*			OTA:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Sea Service Deployment Ribbon (2), National Defense Service Medal, Navy “E” Ribbon, Navy Unit Commendation, Good Conduct Medal, Global War on Terrorism Expeditionary Service Medal, Global War on Terrorism Service, Overseas Service Ribbon

* Not Available

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

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

Chronological Listing of Significant Service Events: 

041201:	Retention Warning:  Advised of deficiency (Failure to live up to the Navy’s Core Values and your continued abuse of alcohol), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

050517:	Medical evaluation by Maj R_ S_, Staff Psychiatrist, Medical Director, Life Skill Support Center.
	AXIS I: Major Depressive Disorder, Single Episode, Moderate (296.22)
	AXIS II: Dependent Personality Disorder (301.6), characterized by difficulty making everyday decisions without an excessive amount of advice and reassurance from others; difficulty expressing disagreement with others because of fear of loss of support or approval; needs others to assume responsibility for most major area of his life; has difficulty initiating projects and doing things on his own; feels uncomfortable when alone because of exaggerated fears of being unable to care for himself; is unrealistically preoccupied with fears of being left to take care of himself. 
	AXIS III: No Diagnosis.
	Seaman T_ (Applicant) should be considered for administrative separation due to unsuitability for further Navy service IAW references (a-b).  This individual manifest a disorder of mood, character and behavior which is so severe it interferes with continued service in the Navy.  Although not imminently suicidal, he is a continuing risk of harm to himself, particularly if placed in a situation where he perceives that his needs are not being met.  This is particularly true if he remains on active duty with his current psychosocial stresses and a perceived lack of support system.  SA T_ does not possess a severe mental disease or defect for the purpose of RCM 706 examination and is considered competent to manage his own affairs.
	This personality disorder existed prior to enlistment and is likely to continue even beyond discharge from military service.  This disorder is unresponsive to treatment that is routinely available in the United States military.  Further hospitalization is not warranted at this time.     
	Recommendation: Process for administrative separation from the United States Navy IAW governing directives cited by and provision contained in MILPERSMAN 1910-120 (22 Aug 2002).  The service member manifests a long-standing disorder of character, behavior and adaptability that is of such severity as to preclude adequate military service.  Although not currently at significant risk for suicide or homicide, due to his lifelong pattern of maladaptive responses to routine personal or work-related stressor, he may become dangerous in the future. 

050605:	Applicant notified of adverse evaluation report and given an opportunity of submit a statement in rebuttal.

050630:	Applicant physically qualified for separation.

050817:	Applicant not recommended for promotion due to adverse performance evalution.

050817:	Applicant discharged.

Service Record did not contain the Administrative Discharge package.
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050817 for convenience of the government due to a physical or mental condition, not a disability (A) with a service characterization of general (under honorable conditions).  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 (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).   

The Applicant requests an upgrade to the characterization of his discharge because he was not discharged for misconduct but for his “mental state.”  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 warnings, an adverse evaluation notification, and non recommendation for promotion.  The government enjoys a presumption of regularity in the conduct of its affairs.  There is no evidence in the record, nor has the Applicant produced any evidence, to support his contention that his discharge was improperly characterized. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  The Applicant’s statements alone do not overcome the government’s presumption of regularity in this case.  Relief denied.  

The Applicant requests an upgrade in order to get Veterans’ benefits.  The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  

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 additional evidence related to this 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), effective 25 May 2005 until Present, Article 1910-120, SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.

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, 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 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