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Docket No. ND04-01150

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

 ex-AA, USN
Docket No. ND04-01150

Applicant’s Request

The application for discharge review was received on 20040716.  The Applicant requests the reason for the discharge be changed to Secretarial Authority.  The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan Area.  The Applicant was advised that the Board first conducts a documentary review prior to any personal appearance hearing.  The Applicant designated the American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050228.  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 of the discharge shall not change.  The discharge shall remain: HONORABLE/ PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “I do not have a personality disorder.  That was something made up to get me out of the U.S. Navy.  I lost custody of my first born when I joined the U.S. Navy and never regain him back in my life.  I joined the Navy to make a better life for myself, I only had hardship.

In boot camp a friend of mind was raped by a CC.  I got pregnant after being stationed by someone who wasn’t ready to have a child.  So, I had and abortion.  I was extremely hurt after that and tried to seek help for myself.  Only to learn that yes, I was able to be discharged, but later learn under such circumstances that are not true about my character at all.  I am having a hard time trying to find decent employment to servive because of my DD-214.  This is a plea to ask that this case be opened and re-evaluated.

P.S. I too was attacked at my duty station by another sailor and nothing was said or done about it.  That sailor was discharged because of drug use.”

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

2. “In accordance with Title 32, CFR, Section 724.166 and SECNAVINST 5420.174D, Part I, Paragraph 1.20, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the following statement in supplement to the Applicant’s petition.

The Board’s attention is invited to Block 5 of DD Form 293.  This Applicant has requested a narrative reason change but did not specify to what.  On her behalf, we ask that the Board consider Secretarial Authority.

Review of the available records reflect that this former member was diagnosed on 950608 as having a borderline personality disorder of such severity as to render her unsuitable for further military service.  Following due process notifications, she honorably discharged on 920702 due to the personality disorder as authorized by NAVMILPERSMAN, Article 3620200.

Essentially, as noted on DD Form 293, this Applicant is requesting that her reason for discharge be changed because she does not have a personality disorder and the label is preventing her from profitable employment.  She has not submitted any additional documentation for consideration.

Following our through review of the evidentiary record, we opine that the issue raised on DD Form 293 amply advances this former member’s contentions and substantially reflect the probative facts needed for equitable review.  Accordingly, we rest this case on the evidence of record.

The American Legion’s express purpose in providing this statement and any other submittals or evidence filed is to assist this Applicant in the clarification and resolution of the impropriety or inequity raised.  To that end, 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, USC, Section 1553 and set forth in Title 32, CFR, Part 724 and SECNAVINST 5420.174D.

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 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	940823 - 941012	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  941013		Date of Discharge:  950630

Length of Service (years, months, days):

	Active:    00  08  18
	Inactive:  None

Age at Entry:  24			Years Contracted:  4

Education Level:  12			AFQT:  35

Highest Rate:  AA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence: None

*No marks found in service record

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

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

Chronological Listing of Significant Service Events:

950424:	Retention Warning:  Advised of deficiency (Pregnancy), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

950606:	Admitted to the locked psychiatric ward (facility not known), due to a suicide attempt.

950608:	Applicant diagnosed with borderline personality 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.

950616:	Applicant notified of being considered for an administrative separation by reason of convenience of the government on the basis of a personality disorder.  If separation is approved, the description of service will be entry level separation or the least favorable characterization of service authorized in your case is general.

950616:	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.

950620:	Commanding Officer directed discharge with an 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 honorably discharged on 19950630 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 and 2.   On 19950608, the Applicant was diagnosed by a competent medical authority to possess a borderline personality disorder that was of such severity as to warrant an expeditious administrative separation.   No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation.  The Applicant’s statements do not refute the presumption that she was properly and equitably discharged.  Relief denied.

The Applicant’s discharge accurately reflects her service to her 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, to enhance employment opportunities, or for good conduct in civilian life, subsequent to leaving the service.  Relief not warranted.

The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of her 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), Change 9, effective 22 Jul 94 until 23 Jun 96, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

B.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 2 Oct 96, 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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

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

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.