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NAVY | DRB | 1999_Navy | ND99-00451
Original file (ND99-00451.rtf) Auto-classification: Denied

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

ex-SR, USNR
Docket No. ND99-00451

Applicant’s Request
The application for discharge review, received 990210, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review. The applicant did not designate a representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991213. 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: UNCHARACTERIZED/ PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

The NDRB did note an administrative error on the original DD Form 214. Block 2, Department, Component and Branch, should read: "USNR" vice "USN", Block 12a should read “96 Jan 17” vice “95 Dec 26”, Block 12c should read “00 05 25” vice “00 06 16”, Block 12e should read “00 03 17” vice “00 02 27”, Block 26, Separation Code, should read: "JFX" vice "KFV" and Block 28, Narrative Reason for Separation should read: “PERSONALITY DISORDER” vice “CONDITION, NOT A DISABILITY”. The original DD Form 214 should be corrected or reissued as appropriate.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I (Applicant) admitt to having problems while in the Navy. I was wrong in going with a female escort while in and for running away from my problems, instead of facing them head on. I payed for my wrongful doings. I think I should be giving another chance at least to go to the reserve section of the military at least.

Also I am no longer with my wife and I'am with another woman that I love and care about, who I also have a baby with and it’s a 4 month old baby girl. I don't want my daughter to think that I'am a bad Father. I want her to be proud of me.

 Documentation
Only the service record was considered since the applicant did not provide additional documentation.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 950929               Date of Discharge: 960711

 Length of Service (years, months, days):

         Active: 00 05 25
         Inactive: 00 03 17

 Age at Entry: 27                          Years Contracted: 8

 Education Level: 12                        AFQT: 32

 Highest Rate: SR (E-1)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

UNCHARACTERIZED - ENTRY LEVEL SEPARATION/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 3620200. [Correct reason should be "personality disorder".]

 Chronological Listing of Significant Service Events :

960606:  Mental Health Unit, Branch Medical Clinic, NTC, San Diego, CA (Psychological Evaluation): Applicant diagnosed with :
         Axis I: Adjustment Disorder with depression and anxiety. MILD
Axis II: Personality Disorder NOS with antisocial features, SEVERE
EPTE 301.90
         Axis III: None known
 Recommendation: 1 - fit to return to duty for adjudication of pending legal and administrative actions. Responsible for his actions. 2 - Is not considered mentally ill, but manifests a longstanding disorder of character and behavior which is of such severity as to render the member incapable of serving adequately in the Navy. The member does not require nor will not benefit from hospitalization or psychiatric treatment. Although member is not presently considered suicidal or homicidal, he is judged to represent a continuing danger to self or others if retained in the naval service. Member deemed fit for return to duty for immediate processing for administrative separation, which should be initiated expeditiously by his command..... 3 - Suicide/homicide risk low and acceptable at present. 4 - patient is judged sane, able to tell right from wrong and to adhere to the right, and to assist capably and adequately in his own defense.

960614:  Applicant notified of intended recommendation for discharge, type warranted by service record, or the least favorable characterization of general (under honorable conditions) by reason of convenience of the government due to personality disorder as evidenced by diagnosis by competent military medical authority which concluded that the medical condition is of such severity as to render the applicant incapable of serving adequately in the naval service.
960614:  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.
960614:  CO, Service School Command (SSC), San Diego directed the applicant's discharge with an Entry Level Separation by reason of convenience of the government due to other designated physical or mental condition.

960719:  CO, SSC, San Diego advised BUPERS that applicant was discharged on 11 July 1996 with an entry level separation 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 960711 with an uncharacterized discharge 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).

 To qualify for a general or honorable discharge the applicant must have served 180 days of active duty at the time he is notified of the pending discharge. The applicant served only 148 days at that point, and a total of 175 days. The applicant was clearly not eligible to have received an honorable discharge. The discharge issued was correct. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 13, effective 24 June 1996 until 02 Oct 1996), Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT

B. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 2 Oct 96), Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT ON THE 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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