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Docket No. ND03-01393

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

ex-OSSN, USN
Docket No. ND03-01393

Applicant’s Request

The application for discharge review was received on 20030820.  The Applicant requests the 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 list any representative on the DD Form 293.  Subsequent to the application, the Applicant obtained representation by the American Legion.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040526.  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:  UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “Kids do dumb things.  I know that I am no exception.  I have done and said things when I was a child that I later grew to regret.  When I served in the US Navy I was very immature.  I joined when I was seventeen years of age.  During my enlistment I got homesick.  It was my first time away from home.  I complained to a naval counselor and she had me discharged with a “personality disorder”.
This has been quite difficult to accept that my country classified me with a personality disorder.  I was merely young and homesick.  7 years after my naval discharge I went to MEPS in Los Angeles to petition with psychologists my discharge.  They agreed I have no psychological faults and cleared me for enterence in the military.  I joined the National Guard and proudly served three years.  I served 11 month deployment for Operation Noble Eagle.  I was honorably Discharged.
I am now enrolled at the University of Phoenix.  I hold a 3.2 grade point average and would like to re enter military as an officer.  I respectfully request to have my discharged changed to honorable to prevent any set backs into my next enlistment.  Thank you.”

Additional issues submitted by Applicant’s representative (American Legion):

2.  “Equity Issue:  Based on our review of evidentiary record and on behalf of this former member, we request that the Board consider provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.
_______________________________________________________________________

In accordance with 32 C.F.R., section 724.166, and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the following statement in support of this Applicant’s petition.

Review of the service record reflects that this Applicant had satisfactory performance and conduct markings with an overall performance average of 3.0 and was issued the SSDR.  He was awarded NJP on 900112 for VUCMJ, Arts. 86 (2 specs). On 901220, he was diagnosed with a personality disorder by psychiatric evaluation that found him to be unsuitable for duty and recommended administrative separation.  Following due process notifications, he was discharged General (Under Honorable Conditions) due to a personality disorder as authorized by NAVMILPERSMAN, Art. 3620200.

Essentially, as noted on DD Form 293, this Applicant is requesting that his discharge be upgraded because his does not have a personality disorder, was honorably discharged from the National Guard following his naval service and so that he can become a military officer once he graduates from college.  He has submitted 3 pages of additional documentation attesting to his educational pursuits and US Army service for the Board’s consideration.

The American Legion’s express purpose in providing this statement and any other submittals or evidence filed is to assist and support this former member in resolving any improprieties or inequities in the character and basis for discharge.  Moreover, we rest assured that the NDRB’s final decision will reflect sound equitable principles consistent in law, regulation, policy and discretion as promulgated by title 10 U.S.C., section 1553, and set forth in 32 C.F.R., part 724; SECNAVINST 5420.174C, enclosure (1).

This case is now respectfully submitted for deliberation and disposition.”

Documentation

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

Applicant’s DD Form 214 from the United States Navy (2)
Applicant’s DD Form 214 from the United States Army National Guard. (2)
Permanent orders, dated October 4, 2001
Applicant’s United States Army Guard identification card
Unofficial student record from University of Phoenix, dated September 3, 2003

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	890316 - 890328	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  890329			Date of Discharge:  901231

Length of Service (years, months, days):

	Active:    01  09  03
	Inactive:  None

Age at Entry:  17 Parental Consent		Years Contracted:  4

Education Level:  10 GED			AFQT:  45

Highest Rate:  OSSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.80 (2)	Behavior:  2.80 (2)		OTA:  3.10

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR

Days of Unauthorized Absence:  21

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

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority:  NAVMILPERSMAN, Article 3620200.

Chronological Listing of Significant Service Events:

900112:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0530, 891212 to 1630, 891219 (7 days/surrendered), (2) Unauthorized absence from 0600, 891220 to 1300, 900103 (14 days/surrendered)), violation of UCMJ, Article 87: Missing ship’s movement.
	Award: Forfeiture of $150 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

901220:	Medical entry: Assessment: adjustment disorder.  Plan: refer to psychiatry.

901221:	Diagnosed with mixed personality disorder with passive-aggressive and impulsive features, severe, EPTE.  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.

901222:	Applicant notified of intended recommendation for discharge under honorable conditions (general) 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.

901222:	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.

901224:	Commanding Officer directed discharge under honorable conditions (general) 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 19901231 under honorable conditions (general) 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 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).

Issues 1-2:  The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder.  The Applicant was diagnosed with a personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service by a competent medical authority on 901221.  The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable.  The applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a Personality Disorder.  No other Narrative Reason for Separation could more clearly describe why the applicant was discharged.  To change the Narrative Reason Separation would be inappropriate.  Relief denied. 

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  

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 15560A), Change 13, effective 
12 Oct 90 until 21 Dec 90, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B.  Naval Military Personnel Manual, (NAVPERS 15560-A), Change 13, effective 
12 Oct 90 until 21 Dec 90, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - 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.

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.

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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