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Docket No. ND04-01403

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

 ex-FR, USN
Docket No. ND04-01403

Applicant’s Request

The application for discharge review was received on 20040907.  The Applicant requests the reason for the discharge be changed to a “more appropriate characterization term”.  The Applicant requests a documentary record review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050511.  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 reason for 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, R_ L. M_ (Applicant), respectfully request that the narrative reason for separation, (Block 28) be changed from personality disorder, to a more appropriate term.  My reason, because I am currently trying to make a career in law enforcement, and the term “personality disorder” is making it very hard for me.

Thank you for your time, this will help me very much.”

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)		010622 - 010916	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  010917			Date of Discharge:  020319

Length of Service (years, months, days):

	Active:    00  06  03
	Inactive:  None

Age at Entry:  17 (Parental Consent)	Years Contracted:  4

Education Level:  9				AFQT:  32

Highest Rate:  FR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA*		Behavior:  NMA		OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  None

*No marks assigned

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:

020208	Applicant diagnosed Axis I:  303.90, Alcohol Dependence (EPTS); 301.4 Adjustment Disorder, Mixed, Axis II:  301.90 Personality Disorder NOS (EPTS).  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.  The disorder was not considered amenable to effective treatment in the military setting.  If the Applicant were retained he would be considered a risk for deterioration in functioning and/or a continuing danger to himself or others.

020221:	Applicant notified of intended recommendation for discharge by reason of convenience of the government - personality disorder.  The Applicant was notified that if separation is approved the least favorable characterization of service possible is general (under honorable conditions).

020221:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

020311:	Commanding Officer directed discharge with an uncharacterized/entry level separation by reason of convenience of the government - personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020319 with an uncharacterized/entry level separation for convenience of the government - personality disorder (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).

Issue 1.  Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question.  No such impropriety or inequity is evident during the Applicant’s enlistment.  The Applicant was diagnosed, by a qualified medical officer, as possessing a long-standing disorder of character and behavior of such severity as to interfere with serving adequately in the Navy.  He was considered a continuing risk to do harm to himself or others.  The Applicant was diagnosed with alcohol dependence, an adjustment disorder and a personality disorder.  The evidence of record indicates the Applicant had suicidal ideation and engaged in self-mutilation.  Additionally, the performance of his military duties was deteriorating as evidenced by his poor academic performance at his school.  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.

There is no requirement or law that grants recharacterization solely on the issue of enhancing employment opportunities and this issue does not serve to provide a foundation upon which the Board can grant relief.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  

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

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

D.  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.