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Docket No. ND03-01452

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

ex-DCFN, USN
Docket No. ND03-01452

Applicant’s Request

The application for discharge review was received on 20030903.  The Applicant requests the reason for the discharge be changed to COMPLETION OF SVC.  The Applicant requests 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 20040628.  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 narrative reason for discharge shall not change.  The discharge shall remain: HONORABLE/ 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.  “VETERAN REQUESTS CHANGE OF NARRATIVE REASON FOR DISCHARGE BASED ON THE FOLLOWING:  VETERAN WAS SERVING ON A DECOMMISSIONED SHIP AND WAS ON "EARLY OUT" STATUS.  ADMINISTRATION WAS UNNECESSARILY TAKING PLACE AS VETERAN WAS ELIGIBILE FOR DISCHARGE.
VETERAN WAS UNDER SEVERE STRESS COPEING WITH EXSPOUSE’S DRUG PROBLEM AND ATTEMPTING TO CONTINUE HIS NAVY CAREER.  IT IS NOTEWORTHY THAT VETERAN HAD TO RESOLVE EXSPOUSE DRUG PROBLEM BY FILING FOR DIVORCE AFTER DISCHARGE AND RETURN TO MINNESOTA.
VETERAN WAS AT ODDS TO SOLVE PROBLEM AND REQUESTED ASSISTANCE FROM PERSONNEL COUNSELOR.  IT IS BELIEVED THAT VETERAN’S DISCHARGE WAS EXPEDITED "AS A PATH OF LEAST RESISTANCE" WITH AN UNCOMPLIMENTARY NARRATIVE TO SEPARATION.
VETERAN HAS SINCE REMARRIED AND SUCCESSFULLY COMPLETED LAW ENFORCEMENT TRAINING.  HE IS EMPLOYED WITH THE DEPT. OF NATURAL RESOURCES IN THE STATE OF MINNESOTA AND IS A RESPECTED CITIZEN OF THE LOCAL COMMUNITY.
THE NARRATIVE REASON (BLOCK 25, DD214) HAS CAUSED VETERAN THE INCONVENIENCE AND EMBARASSMENT OF EXPLAINING WHY HE LEFT THE UNITED STATES NAVY.  IT IS AN OBVIOUS DISTRACTION TO HIS HONORABLE SERVICE.

VETERAN WAS UNAWARE THAT THE REQUEST FOR CHANGE MUST BE COMPLETED WITHIN 3 YEARS.”

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)	910329 - 910918	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  910919		Date of Discharge:  931001

Length of Service (years, months, days):

	Active:    02  00  13
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  32

Highest Rate:  DCFN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.40 (3)	Behavior:  3.60 (3)		OTA:  3.50

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SASM with 1 Bronze Star, AFEM

Days of Unauthorized Absence:  None

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

HONORABLE/PERSONALITY DISORDER, authority:  NAVMILPERSMAN, Article 3620200.

Chronological Listing of Significant Service Events:

910920:	You are being retained in the Naval service, despite your defective enlistment and induction due to fraudulent entry into naval service as evidenced by your failure to disclose your pre-service civil involvement/drug abuse.  Aug 91 Speeding, dismissed with written warning.  This decision is based on the information you provided the Recruit Quality Assurance Interviewer and if it is found that additional information has not been disclosed, this waiver is void and you could be subject to other judicial or administrative proceedings.  However, any further deficiencies in performance or conduct may result in processing for administrative separation.

930913:	Applicant diagnosed with Axis I: Marital problems, alcohol abuse, adjustment disorder with mixed disturbance in emotions and conduct, resolving.  Axis II: Borderline personality disorder, severe, with antisocial traits.  Axis III: Upper respiratory infection, resolved.  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.

	[History of present illness:  …he has cut his chest and back with a knife because “I want people to feel sorry for me, I do it in front of them when we are arguing.”  The patient also reported gouging his own back with a pair of scissors while fighting with his wife….   He reported strong homicidal ideations towards his wife that are very egodystonic to him.  He is fearful of acting on the impulses which are “pretty strong.”  He has thoughts of strangling her neck with her hands and repeatedly acted out a strangling scenario for the therapist – strangling an imagined neck.  He desired to be immediately separated from the military and wanted to go back to his home in Minnesota.] 

930929:	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.

930929:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.  Applicant indicated he did not object to the separation.

931016:	Commanding Officer directed discharge with a 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 19931001 with an honorable discharge 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).

Issue 1.  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 by a competent medical authority on 930913.  The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged.  To change the Narrative Reason for Separation would be inappropriate.  Relief denied. 

There is no law, or regulation, which provides that an unfavorable discharge or narrative reason may be upgraded or changed based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service.  The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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.  Verifiable proof of post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge or change of narrative reason.  At this time, the Applicant has not provided sufficient documentation for the Board to consider an upgrade.

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 5, effective  05 Mar 1993 until 21 Jul 1994, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT. 

B.  Naval Military Personnel Manual, (NAVPERS 15560C, Change 5, effective 930305 - 940721), 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.

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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