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NAVY | DRB | 1999_Navy | ND99-00385
Original file (ND99-00385.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND99-00385

Applicant’s Request
The application for discharge review, received 990121, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed to failure to adapt to military. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991206. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: ENTRY LEVEL SEPARATION (UNCHARACTERIZED)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I have passed background and psychological tests for law enforcement and I was never offered any counsel during my discharge process.

2. I was 18 years old at the time of this incident. I am now a father of 2 with a career in law enforcement. I am now a mature adult.

3. The issues that led to my discharge have been resolved and are not longer a problem and this type of discharge restricts me from federal employment and am considering reenlistment.

4. While in the Navy I recieved the academic award for my company in basic training and was first in my technical school class at the time of my discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     890809 - 900625  COG

 Period of Service Under Review :
Date of Enlistment: 900626               Date of Discharge: 901207

 Length of Service (years, months, days):

         Active: 00 05 12
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 12                        AFQT: 54

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: 2.80 (1)                OTA: 2.80

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 3

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

ENTRY LEVEL SEPARATION (UNCHARACTERIZED)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

900627:  Applicant informed being retained in the Naval service, in spite of defective enlistment and induction due to fraudulent entry as evidence by failure to disclose preservice involvement with civil authorities consisting of the following: Fix it ticket (Aug88) and running a red light (Aug88).

900928:  Applicant released from inpatient treatment diagnosed with an adjustment disorder with mixed emotional features, advoidant personality disorder, and passive-aggressive disorder.

900928:  Medical officer statement: Applicant made two suicidal gestures on 18 Sept 90 and 20 Sept 90. Applicant diagnosed with adjustment disorder with mixed emotional features, avoidant personality disorder, passive-aggressive 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’s risk to harming himself or others was sow to moderate. His potential for future useful service was poor.

901024:  Retention Warning: Advised of deficiency (Personality disorder with renders you at a continuing risk for engagement in maladapative or potentially self-injurious behavior), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
901114:  NJP for violation of UCMJ, Article 86: Unauthorized absence 0600, 25Oct90 until 2223, 29Oct90 (4 days).
         Award: Forfeiture of $168 per month for 1 month, restriction and extra duty for 7 days. Forfeiture suspended for 6 months. No indication of appeal in the record.
901114:  Retention Warning: Advised of deficiency (Unauthorized absence from 0600, 25Oct90 until 2223, 29Oct90.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
901116:  Outpatient Psychiatric Evaluation: Evaluated in the outpatient Mental Health Clinic between 27Sep-15Nov90. The following observations, conclusions, and recommendations are offered from CO, Naval Hospital, Millington:
         a. This servicemember has generally poor coping skills and is reacting to psychosocial stress maladaptively.
         b. This servicemember has a personality disorder that renders him at continuing risk for engagement in maladaptive or potentially self-injurious behavior.
         c. The prognosis for significant change in this servicemember's behavior is, as with most personality disorders, poor.
         d. This servicemember's potential for further useful service is considered poor.
         e. In light of this servicemember's history of maladaptive, self-destructive behavior, it is recommended that he be given an expeditious administrative separation.
         f. There is no need for further Mental Health Department intervention at this time.
901121:  Applicant notified of intended recommendation for discharge general (under honorable conditions) 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 as evidenced by your diagnosed adjustment disorder with mixed emotional features, avoidant personality disorder, and passive-aggressive disorder.
901121:  Applicant advised of his 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. Applicant did not object to separation.
901207:  Commanding officer directed entry level separation (uncharacterized) 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 discharged on 901207 entry level separation (uncharacterized) 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).

In the applicant’s issue 1 and 2, the Board found that the applicant was offered counsel, but waived that right. The fact that the applicant has now “passed background and psychological tests for law enforcement” does not change the fact of why the applicant was discharged from the service. The Board cannot alter history, and at the time the applicant was discharged, a qualified medical officer determined that the applicant had a personality disorder that rendered him a continuing risk of potentially self-injurious behavior, reacting to psychological stress maladaptively and with poor potential for future service.

In the applicant’s issue 3 and 4, the applicant states that the issues that led to the applicant’s discharge no longer exist and he received awards and was first in his class, the Board found that the applicant was discharged for personality disorder and any other reason for discharge would be inappropriate.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 13, effective
12 Oct 90 until 21 Dec 90, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT

B. Naval Military Personnel Manual, (NAVPERS 15560-A), Change 13, effective
12 Oct 90 until 21 Dec 90, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - BASIS OF PERSONALITY DISORDER

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

E. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  Washington Navy Yard
                  720 Kennon St SE Rm 309
                  Washington, D.C. 20374-5023     


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