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

FOR OFFICIAL USE ONLY

 ex-AA, USN
Docket No. ND06-00908

Applicant’s Request

The application for discharge review was received on 20060623.  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 20070419.  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 unanimous that the character of the 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 - ISSUES AND DOCUMENTATION

Decisional Issues

None.

Documentation

In addition to the service and medical records, 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)	20020927 - 20021008	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20021009		Date of Discharge:  20050407

Length of Service (years, months, days):

	Active:    02  05  29
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  19

Years Contracted:  4

Education Level:  12				AFQT:  45

Highest Rate:  AN

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):  National Defense Service Medal; Global War on Terrorism Expeditionary Medal; Global War on Terrorism Service Medal; Sea Service Deployment Ribbon

* Not Available

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: 

030822:	CO’s NJP.  No further information found in service record.  
[Extracted from NAVPERS 1070/604, Awards]

030912:	Retention Warning:  Advised of deficiency (Failure to obey order or regulation - under age drinking.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

050218:	NJP for violation of UCMJ, Article 86: Failure to go or leaving place of duty, on 050122.
Violation of UCMJ, Article 134: Incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor, on 050121.
	Award:  Forfeiture of $500.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  Reduction suspended for 6 months.  No indication of appeal in the record.

050309:	Reduction in pay grade awarded and suspended at NJP on 050218 vacated.

050309:	NJP for violation of UCMJ, Article 92: Failure to obey other lawful order, 050304.
	Award:  Restriction and extra duty for 30 days.  No indication of appeal in the record.

050310:	Retention Warning:  Advised of deficiency (Violation UCMJ, Article 92, failure to obey other lawful order.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

050310:	Applicant transported by ambulance from Beaufort Naval Hospital Emergency Care and Treatment to Fort Stewart Psychiatry Ward for suicide attempt.

050321:	Applicant discharged from Fort Stewart Psychiatry Ward.

050407:	Report of Medical Assessment:  Applicant hospitalized after suicide attempt.  Diagnosed with depression and anxiety disorder.  Currently undergoing treatment and on medication.  As above, Applicant hospitalized for 10 days after suicide attempt with overdose.  Applicant had prior suicide attempt as 16 year old.  Applicant currently on medication/therapy and denies suicidal ideation/homicidal ideation.
	
050407:	DD Form 214:  Applicant discharged with a general (under honorable conditions) by reason of convenience of the government due to a personality disorder.

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 20050407 by reason of convenience of the government on the basis of a diagnosed personality disorder (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 Board presumed regularity in the conduct of governmental affairs (D).

There is credible evidence in the record that the Applicant was diagnosed with a personality disorder.  In order to overcome the presumption of regularity that attaches to such a diagnosis, the Applicant must provide substantial credible evidence to the contrary.  In this case, the Applicant did not dispute the diagnosis, or the propriety of discharge.  The Board therefore presumed that the discharge was proper.   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 2 retention warnings, 3 nonjudicial punishment proceedings for violations of Articles 86, 92 and 134 of the UCMJ, and the vacating of a suspended reduction in pay grade.  There is no evidence in the record indicating that the Applicant was not responsible or accountable for her behavior.  The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy and falls far short of that required for an upgrade of her characterization of service.  Relief denied.

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.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  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), 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.  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