Author: CAP
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Docket No. ND04-01034

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

 ex-SR, USN
Docket No. ND04-01034

Applicant’s Request

The application for discharge review was received on 20040616.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions.  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 20050304.  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: UNCHARACTERIZED/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 am writing to respectfully request that you look over my discharge paperwork.  I believe that I have been unfairly discharged.
I was serving on the John C. Stennis CVN 74 from Jan 2003 to March 2003.  While out to sea, I was having a particularly stressful day.  BM1 G_ asked me to go and see the ships onboard psychologist.  I went and we discussed how the current day was going.  He then proceeded to look through my medical charts and noted that I had been in a state hospital prior to my enlistment.  He stated that MEPS should have noticed that and that this was ground for dismissal.  My bad day just got worse.
The only reason that I had ever been in a State hospital was because I was in the custody of social services.  They did not have a foster home, or bed placement for me anywhere, so they put me in there.  I don’t feel that this should be held against me, as I did nothing wrong and was at the mercy of the state.  I was completely honest with the recruiter when he asked me about this.  I had called the recruiting office in Asheville, NC and was told that I could not enter the military because of this.  I was encouraged to try again, so I contacted the Camden, SC recruiting office where I was living at the time.  The recruiter there asked me about the story behind this state hospitalization.  I proceeded to explain to him about DSS and the lack of bed space etc.; He stated that that would not be held against me.
Since I have been discharged from the military, I have become homeless.  My goal is to have my military discharge upgraded, and I would love to be eligible to serve my country again.  I will undergo whatever testing you would like me to complete.  Please sir or ma’am, I respectfully request that you rule in my favor.

Should you need any further information, please feel free to contact me.”

Documentation

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

Applicant’s DD Form 214 (Member 1 and 4)
Letter from C_ W_, dated February 3, 2004

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	020719 - 021008	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  021009		Date of Discharge:  030321

Length of Service (years, months, days):

	Active:    00  05  13
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  55

Highest Rate:  SR

Final Enlisted Performance Evaluation Averages (number of marks):

No observed evaluations

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  None

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

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

Chronological Listing of Significant Service Events:

030316:	Ship’s Psychologist, USS JOHN C. STENNIS (CVN-74). Applicant diagnosed with a borderline personality disorder, EPTE (301.83).  The psychologist recommended an expeditious 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.

030321:	DD Form 214: Applicant discharged with an entry level separation due to convenience of the government based upon a personality disorder.

No discharge package

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030321 uncharacterized 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).  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).  The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1.  The Applicant was diagnosed to possess a personality disorder by a competent medical authority on 20030315 and 20030316.  The Applicant was considered unsuitable for naval service and the psychologist recommended an expeditious administrative separation.  By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization.  The Applicant’s service record did not contain any unusual circumstances during his less than six months in the military to warrant a change of discharge.  With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization.  Relief denied.

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’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question.  No such inequity or impropriety is evident during the Applicant’s enlistment.  Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, hardship, or good conduct in civilian life, subsequent to leaving the service.  Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his discharge.  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), re-issued October 2002, effective 22 Aug 2002 until Present, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s). 

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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 “http://Boards.law.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:

		Secretary of the Navy Council of Review 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.