Author: CAP
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Docket No. ND03-01066

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

 ex-HN, USN
Docket No. ND03-01066

Applicant’s Request

The application for discharge review was received on 20030605.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record review.  The Applicant did not list a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040423.  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/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “I did not request a discharge.  After 15 mos, service, it was the professional opinion of the medical mental health officer and the C.O. that I be discharged w/medication prescribed for depression brot on by extreme circumstances after being enjoined with Marines at Camp Lejeune, N.C.  It is my feeling that I would’ve served well as a hospital corpman in the medical field had I been allowed to continue my tour of duty.  I am currently enrolled at Lamar University in the Nursing field.  This discharge should be reclassified and is hereby respectfully requested.

2.  My discharge was inequitable because it was based on one isolated incident in fifteen months of service with no other adverse action.  I respectfully request an upgrade of discharge from general to honorable and hope to receive a speedy reply.

D_ C_ (Applicant).”

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	001117 - 001211	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  001212		Date of Discharge:  020301

Length of Service (years, months, days):

	Active:    01  02  20
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  87

Highest Rate:  HN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*	Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

*No marks found in service record.

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

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

Chronological Listing of Significant Service Events:

020208:	Admitted to Naval Hospital, Camp Lejeune, NC:  This was the first Naval Hospital psychiatric evaluation and admission for this 19 year old active duty male, E-3, USN member with approx 14 months continuous active duty who was referred from his Battalion Aid Station for eval of depression and suicidal ideation.  Pt related taking an overdoes of over the counter sleeping pills last nigh in a suicide attempt in the context of depression and feeling frustrated about his command particularly in the SAP platoon and being overweight and having to lose a consider amount of weight in a short period of time.  He stated he took the pills hoping to now awaken in the morning and when he woke up in the morning, he felt disappointed that he had not completed his suicide.  
	Pt admitted to ward 4A on no precautions………………..He discussed with staff members and myself of his life long avoidance of interactions with other people due to fears of rejection, lack of intimate relationships with others, chronic low self-esteem and feelings of inadequacy fear of embarrassment and avoidance of situations that he might be embarrassed in.  He stated that he wanted to stay in the Navy, but his avoidant personality disorder may lead to ongoing problems as he had some academic problems to begin with and was reluctant to seek help due to fears of criticism which may cause further decline.  

020214:	Released from the NavHosp Camp Lejeune, CA:  Applicant diagnosed with a severe personality disorder and adjustment disorder.  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.

020222:	Applicant notified of intended recommendation for discharge with a 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.

020222:	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 obtain copies of the documents used to support the basis for the separation.

020221:	Commanding Officer directed discharge with a 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020301 with a 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. (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).

Issues 1 and 2.  The Applicant states his discharge was based on one isolated incident in “15 months” with no other adverse action.  The applicant does not deny that he was suffering from a personality disorder at the time of his discharge from the naval service.  Due to the “isolated incident” he was diagnosed by qualified medical officers as possessing a long-standing disorder of character and behavior of such severity as to interfere with serving adequately in the Navy; and the Applicant was considered a continuing risk to do harm to himself or others, thus warranted separation from the Navy normally with a less than fully honorable discharge.  Relief denied.
 
The following is provided for the edification of the applicant.  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, however, 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.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  

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 other evidence related to his discharge at that time.  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 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 5420.174C 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.
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