Author: CAP
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Docket No. ND06-00211

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

FOR OFFICIAL USE ONLY

 ex-SA, USN
Docket No. ND06-00211

Applicant’s Request

The application for discharge review was received on 20051114.  The Applicant requests the Narrative Reason for Separation be changed.  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 20060926.  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 discharge shall not change.  The discharge shall remain Honorable 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:

“The current narrative reason for separation states personality disorder.  This was not the case.  When I enlisted in the navy, I was verbally promised a career field in firefighting.  After MEPS processing and BMT, I was not placed in firefighting, but instead into communications/lintel.  I was not happy with that situation an was informed by Dr. K_ L_, Lt, MCS, USNR, SSN (social security number deleted), that I could be released if I would just claim that I was thinking about committing suicide.  Being young and immature I concurred.  I was unaware of the consequences that decision would bring.  I am now trying to enlist in the Alabama Air National Guard, and because of the false information by that doctor, I was given a re-enlistment code that now makes me ineligible to enlist with the ANG.  I want to serve my country in the ANG, and am willing to do whatever is required of me to make this happen.  I have attached several letters of recommendation from friends and neighbors who are currently serving in the military.  Thank you for your consideration of this matter.

As a side note, my Date of Birth on my 214 is incorrect as well.  It should read 02 JUL 73.”

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Character Reference ltr from B_ L. A_, LtCol, USAF, NC, Deputy Director, Business Systems Division, dtd October 5, 2005
Letter of recommendation from H_ G. P_, Jr., CW4, AV, AL ARNG, Training Officer, dtd September 29, 2005
Letter of recommendation from W_ E. K_, Lieutenant Colonel, Retired, USAF, dtd October 3, 2005
Letter of recommendation from D_ D. P_, MSGT, USAF, NCOIC, Clinical Laboratory Services, dtd October 9, 2005
Applicant’s DD Form 214
Eleven pages from Applicant’s service record
Three pages of personal information pertaining to the Applicant
Copy of Applicant’s social security card
Copy of Applicant’s high school diploma
Copy of Applicant’s birth certificate

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19930805 - 19940123	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19940124	Date of Discharge:  19940923

Length of Service (years, months, days):

	Active:    00  08  00
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  20

Years Contracted:  4

Education Level:  12				AFQT:  53

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NA*				Behavior:  3.6 (1)		OTA:  3.60

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):

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

Chronological Listing of Significant Service Events: 

940621:	Medical evaluation by HM1 N_ B. S_.  Branch Naval Hospital, TN.
	20 year old white male needs to talk to someone about discharge, psychiatric.
	Situation:  Negative family or personal history of ETOH or drug abuse.  Negative civil or military legal action pending against Applicant.  Negative suicidal or homicidal ideations.  Applicant upset because preferred rating (JO) not available and is locked into CTT rating.  Currently in JOBS and is doing well.  Applicant has definite plans for future career.
	Assessment:  Not a medical problem, this administrative.
	Plan:  Applicant counseled on this being an administrative problem not a medical problem.  Instructed to contact career counselor.  At this time patient does not have suicidal or homicidal ideations and will seek treatment if Applicant develops any suicidal or homicidal ideas.  

940629:	Medical evaluation by HM1 N_ B. S_.   Branch Naval Hospital, TN.  
	Situation:  Applicant referred to medical for consult to psyche by supervisor.  Changes in Applicant’s emotional state since last exam on 940621.  Denies suicidal Ideation, Homicidal Ideation.  
	Assessment:  Still an administrative problem.
	Plan:  HMC C_ contacted CPO M_ via telephone and clarified the fact that this is an administrative problem and not a medical or psychological problem.

940811:	Medical evaluation by Lt K_ L_, MSC, USNR, at Branch Medical Clinic, Corry Station, Mental Health Division.
Clinical Impression:  AXIS II – Personality Disorder, Not Otherwise Specified, with dependent and immature traits.  
Clinical Opinion:  The personality disorder is chronic, severe and not expected to improve with command counseling or psychiatric attention in a military setting.
Recommendation:  Administrative separation at the convenience of the government by reason of severe personality disorder.  Retention on active duty carries with it the omnipresent risk of suicide.  

940825:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general by reason of convenience of the government as evidenced by a personality disorder.
940825:	Applicant advised of rights and having elected not to consult with counsel, elected to obtain copies of the documents used to support the basis for the separation.

940830:	Medical evaluation by Lt K_ L_, MSC, USNR, at Branch Medical Clinic, Corry Station, Mental Health Division.
	Applicant presented for follow up.  No change in personality disorder diagnosis.  

940914:	Applicant found physically qualified for separation.

941013:	Commanding Officer, Naval Technical Training Center, Corry Station, Pensacola, notified Chief of Naval Personnel (PERS 282) of Applicant’s honorable discharge by reason of convenience of the government due to personality disorder.  Commanding Officer’s comments:  “Seaman Apprentice J_(Applicant) reported to this command on 13 July 1994.  He was processed for administrative separation by reason of convenience of the government due to personality disorder without the need for further counseling or treatment.  He did not object to this action.”

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 19940923 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of honorable.  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 Board presumed regularity in the conduct of governmental affairs (D).

The Applicant implies that his discharge is inequitable because he did not have a personality disorder.  The Applicant states that, because he was not assigned to the occupational field he was “verbally promised,” he claimed he was having suicidal ideations to facilitate a discharge by reason of convenience of the government due to a personality disorder.  The Applicant was diagnosed with a personality disorder by a competent medical authority on 19940811.  Neither the evidence of record nor the documents and statements submitted by the Applicant persuaded the Board that this diagnosis and subsequent administrative separation was improper or inequitable.  Relief denied.

The Applicant implies that he would like to have his narrative reason and re-code changed to enable him to enlist in the Alabama Air National Guard.  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 Board discovered no improprieties or inequities in the Applicant’s discharge.  The Board has no authority to change a narrative reason for discharge for the sole purpose of enhancing employment or educational opportunities.  Additionally, since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Relief is not warranted.

The following is provided for the edification of the Applicant.  Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question.  The Board discovered no impropriety after a review of Applicant’s case.  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.  An Applicant’s narrative reason for separation is not normally changed on the basis of post-service conduct.  

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 9, effective 22 Jul 94 until 23 Jun 96, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

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, Para 211, Regularity of Government Affairs.

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