Title: DEPARTMENT OF THE NAVY
Author: CAP
Last saved by: janet.goode
Company: NCPB

Docket No. ND07-00446

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

ex-ABEAN, USN
ND07-00446

Current Discharge and Applicant’s Request

Application Received:  20070221	Characterization Received:  HONORABLE
Narrative Reason:  PERSONALITY DISORDER Authority:  MILPERSMAN 3620200

Applicant’s Request:	Characterization change to:  NONE REQUESTED
			Narrative Reason change to: NOT SPECIFIED
Applicant’s Issues:	1. Chg RE Code	
		               2. Misrepresented Personality Disorder	

Date:  20071025  			DOCUMENTARY REVIEW		Location:  Washington D.C. 

By a vote of 5-0 the Characterization shall remain HONORABLE.
By a vote of 5-0 the Narrative Reason shall remain PERSONALITY DISORDER.

Discussion

Issue  1.  This is an Issue which the Board  does not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the attached Addendum regarding Reenlistment/RE-codes for additional information.  

Issue  2 (Propriety/Equity).  The Applicant contends he provided false information to the Navy in order to get out early.  The documentation provided by the Applicant was not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder.  The Applicant was diagnosed by competent medical authority on 11 July 2004, 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.  During, the evaluation the Applicant admitted to attempting to injure self and having thoughts of jumping overboard a ship.   He had previously been referred for a Psychologist evaluation on 23 February 2003, after reporting a history of depression and suicidal ideation.  Based on the foregoing, the Navy notified the Applicant that he was being processed for administrative separation.  He signed the Notification letter on 14 July 2004, acknowledging that he was being processed for separation due to a Personality Disorder.  The Applicant was also advised of his right to seek counsel prior to being separated and elected not to do so.  The medical evidence indicates that the Applicant was responsible for his conduct and should be held accountable for his actions.  

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 does not deny that he was suffering from a personality disorder at the time of his discharge from 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 Separation would be inappropriate

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that the discharge was proper and equitable.

Summary of Service
Prior Service:
Inactive: USNR (DEP)	19900629 - 19910617  COG		Active:   NONE	
Period of Service Under Review:
Date of Enlistment: 19910618	Years Contracted:  4; Extension:  NONE.  		Date of Discharge:  19940729
Length of Service:  03  Yrs  01  Mths  12  Dys	Lost Time:  Days UA:  NONE  Days Confined:  NONE
Education Level:  12	Age at Enlistment:  18	AFQT:  44	Highest Rank/Rate:  ABEAN
Evaluation marks (# of occasions):	Performance:  3.8(2)	Behavior:  3.7(2)		 OTA:  3.70 
Awards and Decorations (per DD 214):  NATIONAL DEFENSE SERVICE MEDAL, SOUTHWEST ASIA SERVICE MEDAL, SEA SERVICE DEPLOYMENT RIBBON, NAVY “E” RIBBON, MERITORIOUS UNIT COMMENDATION

Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

19940711:	Medical Record:  Reason for visit:  Applicant dissatisfied with Navy life and is experiencing depression, anhedonia and has made suicidal threats.
	Diagnosis:  301.90 Personality disorder NOS with Immature & Dependent features, severe.
	Recommendation:  Expeditious Administrative Separation.

Discharge Process

Date Notified:					19940714
Reason for Discharge:	CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER
	
Least Favorable Characterization:	GENERAL (UNDER HONORABLE CONDITIONS)

Date Applicant Responded to Notification:		19940714
Rights Elected at Notification:
	Consult with Counsel			WAIVED
	Obtain Copies of Documents		ELECTED
	Submit Statement(s) (date)			WAIVED
	Administrative Board			WAIVED
	GCMCA review				NOT FOUND IN RECORD

Commanding Officer Recommendation (date):	NOT APPLICABLE
Separation Authority (date):	COMMANDING OFFICER, USS DWIGHT D. EISENHOWER (CVN 69) (19940722)
              Reason for discharge directed:	CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER
              Characterization directed:	HONORABLE
Date Applicant Discharged:	19940729

Types of Documents Submitted by Applicant and Considered By Board

Related to Military Service:	Service and/or Medical Record:  ☒		Other Records:  ☐

Related to Post-Service Period:  	
	Employment:  		☐	Finances:  		☐	Education: 		☐
	Health/Medical Records:  	☒	Substance Abuse:		☐	Criminal Records:  	☐
	Family/Personal Status: 	☐	Community Service:  	☐	References:  		☐
	
Additional Statements From Applicant:  ☐	From Representative:  ☐  
Other Documentation (Describe) ☐ 

Pertinent Regulation/Law

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 II, Para 211, Regularity of Government Affairs, Part V, Para 502, Propriety and Para 503, Equity.

C.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 107.

ADDENDUM:  Information for the Applicant

Complaint Procedures:  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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC  20301-4000.  You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “http://Boards.law.af.mil.”

Additional Reviews:  Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits:  The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment/Educational Opportunities:  The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  

Reenlistment/RE-code:  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.  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.

Medical Conditions and Misconduct:  DoD disability regulations do not preclude a disciplinary separation.  Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons.  Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended.  The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record.  Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.”  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  

Automatic Upgrades - 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 may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  

Issues Concerning Bad-Conduct Discharges (BCD) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief.  With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency.  Clemency is an act of leniency that reduces the severity of the punishment imposed.  

Board Membership:  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