ex-AR, USN
ND06-00789

BOX I:  Discharge at Issuance and Applicant’s Request:
Application Received:  				20060519 
Command at Discharge:  				Electronic Attack Squadron 133
Narrative reason for separation:			Personality Disorder
Character of service:				General (Under Honorable Conditions)
Discharge Authority:				MILPERSMAN article 1910-122

The Applicant requests:  				Documentary review
Narrative Reason for Separation changed to: 		None
Characterization of Service changed to:  		Honorable 
Representation:  					None designated

Complete Service Record:				No
Complete Medical Record:			No
Discharge Package Complete:			No

BOX II:  Decision:
Date of Decision:					20070315
Location of Board:				Washington D.C.
Regarding propriety, the Board found the discharge:	Proper
Regarding equity, the Board found the discharge:	Equitable at ISSUANCE;
After consideration of post-service conduct:	EQUITABLE	
BCD case: The Board found that clemency was: 	Not Applicable
Vote:						Unanimous
The Discharge shall remain:			Personality Disorder/General (Under Honorable Conditions)

BOX III:  Corrections to the Applicant’s DD 214

Not applicable.

BOX IV:  Summary of Service:
Prior Service:
Inactive: USNR (DEP)				20000630 - 20000827	COG
Active:   None

Period of Service Under Review:
Age at this Enlistment:  20				Years Contracted:  4
Education Level:  12				AFQT:  31
Highest Rate:  AR				

Date of Enlistment:  				20000828
Date of Discharge:				20010330
Length of Service:				00  Yrs  07  Mos  03  Days
Time Lost During This Period:			2 days unauthorized absence
						
PERFORMANCE EVALUATION AVERAGES (NUMBER OF MARKS):
Performance/Behavior/OTA:			2.0 (1)/	2.0  (1)    /  2.17

Awards and Decorations (as listed on the DD Form 214):
nONE

BOX V:  Disciplinary and Counseling Events:

010122:	NJP.  Extracted from service record, page 3.  No further information in record.

BOX VI:  Elements of Discharge:

Elements of notification:				
	Date:							Unknown.
Narrative Reason(s):					Unknown.
	Least Favorable Characterization:				Unknown.
	Commanding Officer’s Intent:				Unknown.
Record shows Applicant met criteria for narrative reason(s):		Presumed.
Date Applicant responded to notification:				Unknown.
Rights elected at notification:							
Obtain Copies	  					Unknown.
Submit Statement(s)					Unknown.
Consult with Counsel					Unknown.
GCMCA Review						Unknown.
Administrative Board					Unknown.

Date discharge directed:						Not indicated in record.
Narrative reason directed:						Personality Disorder (Presumed)
Characterization of service directed:				General (Under Honorable Conditions) (Presumed)

BOX VII:  Medical Record Entries Related to Narrative Reason for Separation or Characterization of Service

Record not available.

BOX VIII:  Decisional Issues
Regardless of an Applicant’s submitted issues, the Board reviews former servicemembers’ discharges for propriety and equity.    In conducting reviews, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption.   

Propriety Narrative:
The Applicant’s service record did not contain a copy of the discharge paperwork.  In the absence of evidence to rebut the presumption of regularity, the Board presumed that the Applicant was properly diagnosed with a personality disorder by competent medical authority and discharge procedures were properly followed.  Therefore, the Board found the discharge proper.

Equity Narrative:
A General (under honorable conditions) characterization is appropriate when significant negative aspects of performance outweigh positive aspects of performance.  The Applicant’s service record indicated a period of time lost, imposition of nonjudicial punishment, and significant problems in meeting appropriate standards of professional knowledge, quality of work, military bearing/character, personal job accomplishment/initiative and teamwork.  Therefore, the Board found the discharge equitable at the time of issuance.

BOX IX:  Applicant’s Issues and NDRB response

Regarding Applicant’s desire to change RE code and re-enlist, since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the 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.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.

Regarding Applicant’s post-service accomplishments, the Board advises Applicant as follows:  Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question.  The Board discovered no impropriety or inequity after a review of Applicant’s case.  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.  After review of the record, including all matters submitted by the Applicant, the NDRB determined that a change in characterization of service was not warranted.  The Applicant’s discharge remains equitable after consideration of post-service behavior.

BOX X:  Minority Opinion

Not applicable

BOX XI:  Documentation submitted by the Applicant and considered by the Board
Applicant’s DD 214
Statement from Applicant, dated April 11, 2005
5 Character References 

BOX XII:  Pertinent Regulation/Law
A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective 14 Aug 2001 until 21 Aug 2002, 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,  Para 503, Equity and Para 211, Regularity of Government Affairs.  

Information for the Applicant

Complaint Procedures:  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.

Additional Reviews:  Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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.  If a former member has been discharged for greater than 15 years, or already been granted a personal appearance hearing, or has otherwise exhausted his or her opportunities before the NDRB, an Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Board Membership:  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