Author: CAP
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Docket No. ND02-00487

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

 ex-RMSN, USN
Docket No. ND02-00487

Applicant’s Request

The application for discharge review, received 020308, requested that the reason for the discharge be changed to Convenience of the Government.  The Applicant requested a documentary record discharge review.  The Applicant listed the Department of Military & Veterans Affairs as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021206.  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: HONORABLE /PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  Request change to Narrative Reason for Discharge to Convenience of the Government.  Service member received Entry Level (180 days or less) Narrative reason for separation 377 days total served.

No Medical Evaluation to Justify Personality Disorder

There is no Medical Authority making Determination of Personality Disorder.  Decision was not Diagnosed by a Physician trained in psychiatric Diagnosis as described n DSMIV Diagnosis and Statistical Manual of Mental Disorders
Medical Evaluation (Psychiatric 1/15/99 states 1. Not Mentally Ill 2. Hospitalization not required.  Meaning not severe 3. Service member represent a risk if retained is an assumption and not factual.  Former service members Prematurely Discharged disproportionately receive Narrative of Personality Disorders.  This in itself raises suspect to Narrative reason for separation.  Any Monetary or Financial problems would fall under misconduct reason for Discharge this is not a misconduct case as referred to in Military Documents. 

Documentation

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

Copy of DD Form 214
Cover Letter from State of New Jersey Department of Military & Veterans Affairs Division of Veterans Service 
Letter of Appeal from State of New Jersey Department of Military & Veterans Affairs Division of Veterans Service 

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	971229 - 980112	COG
	Active:   USN			None

Period of Service Under Review:

Date of Enlistment:  980113		Date of Discharge:  990124

Length of Service (years, months, days):

	Active:    01  00  12
	Inactive:  None

Age at Entry:  25			Years Contracted:  4 

Education Level:  12			AFQT:  78

Highest Rate:  RMSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA		Behavior:  NMA		OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

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

HONORABLE/PERSONALITY DISORDER, authority:  NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

Chronological Listing of Significant Service Events:

990115:	Psychiatric Evaluation: Primary Diagnosis: Personality Disorder Not Otherwise Specified.  Primary Recommendation:  The member is considered to be mentally ill, (condition not medically boardable) but manifest a long-standing disorder of character and behavior which, is of such severity as to render this individual unsuitable for continued military service in the U.S. Navy.  She does not presently require, and will not benefit from hospitalization.  Short term psychiatric treatment for this condition is of limited benefit, and long term treatment is not available within the military.  Although not currently considered suicidal or homicidal, this member is judged to represent a risk to self and others if retained on active duty.  She is deemed fit for return to duty for immediate processing for administrative separation, which should be handled expeditiously in compliance with NAVMILPERS MANUAL, 1910.122.  It is also recommended that she not have access to any weapon, not operate government vehicle, work with classified materials, nor be involved in field work.

990119:	Applicant notified of intended recommendation for discharge honorable 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 as evidenced by psychiatric evaluation dated 991019.

990122:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to submit a written statement for consideration by the Separation Authority and the right to obtain copies of the documents used to support the basis for the separation.

990218:	Commanding Officer recommended discharge honorable 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 990124 honorable 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. (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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 (C and D).

It is noted that the Applicant received an Honorable characterization of service and not an Entry Level Separation as she contended in her application.  The Applicant should reference Block 24 of her DD214.

The Applicant is requesting that the basis of her discharge be changed from "Personality Disorder" to "Convenience of the Government."  She contends the description of personality disorder was inappropriate.  A medical diagnosis whether proper or improper is not an issues upon which the NDRB can grant relief.  When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an Applicant's performance and ability to conform to the military stands of conduct and discipline.  The NDRB does not consider the Applicant's stated condition, the implied correct diagnosis, or the medical treatment given to the Applicant.  The NDRB only has authority to change the basis of a discharge or characterization of service if it was improper or inequitable.  If the Applicant wishes to challenge her diagnosis or medical treatment, she should file a petition with the Board of Corrections for Naval Records.  Accordingly, relief is denied.

The Applicant is reminded that the period of eligibility for a personal appearance hearing is 15 years from the date of discharge.  The application package must be submitted to the NDRB prior to the expiration of the 15 year period.  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), Change 21, effective 
01 Sep 1998 until 19 May 99, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s)

B.  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.  

C.  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.

D.  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.

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 “afls14.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023

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/A9453/A8601/A9221