Author: CAP
Last saved by: joyce.meeks
Company: NCPB

Docket No. ND05-01216

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

FOR OFFICIAL USE ONLY

 ex-MSSA, USN
Docket No. ND05-01216

Applicant’s Request

The application for discharge review was received on 20050713.  The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060216 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 and reason for discharge shall not change.  The discharge shall remain General (Under Honorable Conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“Number 28 on the member 4 page of my DD Form 214 says that I was separated for having Personality Disorder.  I was perfectly fine when I enlisted, but if this statement is true, I would like to know why didn’t I receive any medical attention from the Navy.  Instead I was just sent home.”

Applicant’s Remarks:  (Taken from the DD Form 293.)

Since my discharge separation I have graduated from college but it’s hard for me to get good jobs because most places ask for my military history.  I’m just trying to figure out can anything be done about this situation.

Documentation

In addition to the service and medical records, 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)	20020604 - 20020606	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20020607		Date of Discharge:  20030306

Length of Service (years, months, days):

	Active:    00  09  00
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:	None
	Confinement:			None

Age at Entry:  19

Years Contracted:  4 (12 month extension)

Education Level:  12				AFQT:  35

Highest Rate:  MSSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NA*				Behavior:  NA*		OTA:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal

* Not Available

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

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority:  MILPERSMAN, Article 1910-122 (formerly 3620225).

Chronological Listing of Significant Service Events: 

030206:	Medical evaluation by Clinical Psychologist, Commander W_ E. H_ on 20030110 and 2003025.
Applicant diagnosed with an adjustment disorder with mixed disturbance of emotions and conduct and personality disorder not otherwise specified with antisocial, immature, and borderline features.  The clinical psychologist recommended expeditious administrative separation.  The Applicant manifests a long-standing disorder of character and behavior which is of such severity as to interfere with him serving adequately in the Navy.  Although not imminently suicidal or homicidal, he is at continuing risk to harm to himself or others if retained in the service.  In the examiner’s opinion the Applicant does not possess a severe mental disease or defect for the purpose of R.C.M. 706 examination and is considered competent.

030224:	Applicant found physically qualified for separation.

030227:	Applicant notified of intended recommendation for by reason of convenience of the government - personality disorder.  Applicant notified that the least favorable characterization of service possible is general (under honorable conditions).

030227:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

030227:	Commanding Officer, USS ARDENT (MCM 12) directed discharge with a general (under honorable conditions) by reason of convenience of the government - personality disorder.  Commanding Officer’s comments:  “Seaman Apprentice R_(Applicant) was a highly motivated sailor upon his arrival to ARDENT three months ago.  In January 2003, however, shortly after our holiday stand-down and an underway period, Seaman R_(Applicant) started demonstrating some problems with his performance.  Seaman R_(Applicant) was given ample opportunity to adjust to the lifestyle changes required of a sailor upon their arrival to their first warship.  He demonstrated a high level of motivation and professionalism when he initially reported to the ship, but his performance since then has digressed.  SA R_(Applicant) began to perceive any order or counseling as a personal attack on his character and failed to realize that his chain of command was just trying to help his to succeed.  He fell into a pattern where he was consistently late for work and failed to complete tasks assigned to him in a thorough and professional manner.  Seaman Apprentice R_(Applicant) walked into the Naval Support Activity Medical Clinic on January 25, 2003 complaining of suicidal ideations.  He was evaluated by the NSA Psychologist, Dr H_, and was returned for duty the next day.  After a short underway period, SA R_(Applicant) was sent to Dr. H_ for a periodic re-evaluation.  During the interview he made comments to the effect of wanting to shoot his Department Head.  Several days later, while being counse1ed for his poor performance by his Leading Petty Officer he made remarks to his Leading Chief Petty Officer, that if he had a knife he would have stabbed his LPO.  Seaman Apprentice R_(Applicant) was immediately removed from the ship and sent to Dr. H_ for a re-evaluation.  After this interview Dr. H_ found MSSA R_(Applicant) manifested “a long-standing disorder of character and behavior, which is of such severity as to interfere with him serving adequately in the Navy.  Although not imminently suicidal or homicidal, he is at continued risk to do harm to himself or others if retained in the service.”  Dr. H_ recommended Expeditious Administrative Separation due to Personality Disorder.  I fully concur with the Clinical Psychologist’s assessment and find it necessary to administratively separate MSSA R_(Applicant) from the Navy.”

Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030306 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of general (under honorable conditions).  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 (B and C).  

The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted.  The Applicant was diagnosed, by a qualified clinical psychologist, 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 if retained in the Naval service.  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 for Separation would be inappropriate.  

The Applicant contends that he should have received medical treatment for his diagnosed personality disorder.  Despite the Applicant’s contentions, the Board has no authority to upgrade a discharge because an Applicant may not have received appropriate treatment for a specific medical condition.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

Under applicable regulations, separations based on a personality disorder should be honorable unless a general (under honorable conditions) or an entry-level separation is warranted.  A general discharge may be warranted if the Applicant’s service contains records of nonjudicial punishments, disciplinary actions, or if other significant negative aspects existed, which outweighed the positive aspects of the member’s period of service.  Additionally, a general discharge may be warranted if the Applicant’s performance evaluation averages are not sufficient to merit an honorable discharge.  The Applicant’s record contains no evidence of NJP or other disciplinary action.  However, the evidence of record indicates the Applicant was consistently late for work and failed to complete tasks assigned to him in a thorough and professional manner.  Furthermore, the evidence of record indicates the Applicant made comments to the effect of wanting to shoot his Department Head and stab his Lead Petty Officer.  Based upon such evidence, the Board concluded the Applicant’s conduct was insufficient to merit an honorable discharge.  By unanimous vote, the Board found the discharge both proper and equitable as issued.  Relief denied.

There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided any post-service documentation for the Board to consider.  Relief denied.

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.  The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this 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. 

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.

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