Forfeiture of by W9oJ96F

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




                                      ex-MMFA, USN
                                   Docket No. ND99-00437

Applicant’s Request

The application for discharge review, received 990204 requested that the characterization of
service on the discharge be changed to honorable. The applicant requested a documentary
record discharge review. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991213. After a
thorough review of the records, supporting documents, facts, and circumstances unique to this
case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s
service. The Board’s vote was unanimous that the character of the discharge shall not change.
The discharge shall remain: GENERAL (UNDER HONORABLE
CONDITIONS/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation
Authority should read: "MILPERSMAN 3620200" vice " MILPERSMAN 3620200/3630600',
Block 28, Narrative Reason for Separation should read: “PERSONALITY DISORDER” vice
“PERSONALITY DISORDER, PATTERN OF MISCONDUCT, COMMISSION OF SERIOUS
OFFENSE”. The original DD Form 214 should be corrected or reissued as appropriate.




The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and
Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent
Regulation/Law, Part IV - Information for the Applicant.
INDEX: A8600/A0100/A9500/A8603/A9217/A9221/A0145
Docket No. ND99-00437


                PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the
DD Form 293 is blank.

Documentation

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

    Copy of applicant's DD Form 214




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Docket No. ND99-00437


                            PART II - SUMMARY OF SERVICE

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

       Active: None
       Inactive: USNR (DEP)          910723         920720 (COG)

Period of Service Under Review:

Date of Enlistment: 920721                   Date of Discharge: 960816

Length of Service (years, months, days):

       Active:   04 00 26
       Inactive: None

Age at Entry: 18                     Years Contracted: 4 (24 months extension)

Education Level: 12                          AFQT: 66

Highest Rate: MM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: 2.90 (4)         Behavior: 2.95 (4)            OTA: 3.10
Performance: 3.00 (1)         Behavior: 1.00 (1)            OTA: 2.71

Military Decorations: None

Unit/Campaign/Service Awards: NDSM, SSDR, SASM, BER

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 3620200.

Chronological Listing of Significant Service Events:

960718:        NJP for violation of UCMJ, Article 91: Willful disobedience of a petty officer on
               960712.
               Award: Restriction and extra duty for 10 days, reduction to MMFN. Reduction
               suspended for 6 months. No indication of appeal in the record.



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Docket No. ND99-00437

960724:     Retention Warning: Advised of deficiency (Willful disobedience of a petty
            officer), notified of corrective actions and assistance available, advised of
            consequences of further deficiencies, and issued discharge warning.

960729:     Medical officer statement, something close to the following: Applicant
            diagnosed with personality disorder NOS with avoidant, dependent, immature
            features, adjustment disorder with mixed emotional features. 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 was
            considered self-destructive and a continuing risk of harm to self or others.

960802:     Vacate reduction to MMFN and restriction and extra duty for 10 days awarded at
            NJP dated 18Jul96 due to continued misconduct.

960802:     NJP for violation of UCMJ, Article 92: Dereliction of duty.
            Award: Forfeiture of $581, restriction and extra duty for 45 days, reduction to
            MMFA. Forfeiture suspended for 6 months. No indication of appeal in the
            record.

960816:     Applicant notified of intended recommendation for discharge 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, misconduct due to a pattern of
            misconduct based on two NJP's in your current enlistment and misconduct due to
            commission of a serious offense by violation of UCMJ Articles 92 and 91.

960816:     Applicant advised of his rights and having elected not to consult with counsel
            certified under UCMJ Article 27B, elected to waive all rights.

960816:     Commanding officer directed discharge general (under honorable conditions) by
            reason of convenience of the government on the basis of a diagnosed personality
            disorder, misconduct due to a pattern of misconduct, and misconduct due to
            commission of a serious offense.




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Docket No. ND99-00437


  PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960816 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, misconduct due to a pattern of
misconduct, and misconduct due to a commission of a serious offense. (A and B). The Board
presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

The applicant introduced no decisional issues for consideration by the Board.

The following is provided for the applicant’s edification. The NDRB is authorized to consider
post-service factors in the recharacterization of a discharge (E). The applicant must be aware
that 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 the civilian life subsequent to leaving the
service. Normally, to permit relief, an error or injustice must have been found to have existed
during the period of enlistment in question. Outstanding post-service conduct, to the extent that
such matters provide a basis for a more thorough understanding of the applicant’s performance
and conduct during the period of service under review, may be considered by the NDRB. The
applicant is reminded that he is eligible for a personal appearance hearing provided the application
is received within 15 years from the date of discharge. Representation at personal appearance
hearing is highly recommended.


Pertinent Regulation/Law (at time of discharge)

A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 13, effective 24 June 1996
until 02 Oct 1996), Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON
OF CONVENIENCE OF THE GOVERNMENT

B. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 2
Oct 96), Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF
CONVENIENCE OF THE GOVERNMENT ON THE BASIS OF PERSONALITY DISORDER

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge
Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL
DISCHARGE REVIEW.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge
Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.




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Docket No. ND99-00437

E. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge
Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.




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Docket No. ND99-00437


                    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 obtain a copy of DoD Directive 1332.28 by writing to:

               DA Military Review Boards Agency
               Management Information and Support Directorate
               Armed Forces Reading Room
               Washington, D.C. 20310-1809

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:

               Naval Council of Personnel Boards
               Attn: Naval Discharge Review Board
               Washington Navy Yard
               720 Kennon St SE Rm 309
               Washington, D.C. 20374-5023




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