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NAVY | DRB | 1999_Navy | ND99-00905
Original file (ND99-00905.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-00905

Applicant’s Request
The application for discharge review, received 990624, requested that the reason for the discharge be changed to hardship. 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 000323. 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: HONORABLE/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I wish to have my discharge changed to medical or hardship so I can get my benifets back for help.

The Navy thought it would be better for the government if I was discharged.

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     861016 - 861109  COG

 Period of Service Under Review :
Date of Enlistment: 861110               Date of Discharge: 880808

 Length of Service (years, months, days):

         Active: 01 08 29
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 30

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.07 (3)    Behavior: 3.27 (3)                OTA: 3.13

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

HONORABLE/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

871229:  Applicant diagnosed with avoidant personality disorder EPTE moderate. 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.
880606:  Retention Warning: Advised of deficiency (You have been diagnosed as having a personality disorder. Your performance and conduct are below the minimal expectations of the U.S. Navy.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
880715:  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.
880715:          Applicant advised of his rights and having consulted 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.
880810:  Commanding officer recommended discharge Honorable 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. Commanding officer’s comments (verbatim): SA (applicant) is unable to continue with his naval career. He cannot function at his full capacity due to his personality disorder, which was confirmed by medical authority. Also noted were comments by the Medical Officer that there is no conventional treatment to cure his disorder. He has been counseled in regards to his performance and conduct and to date, there has been no results in rectifying his problems. It is therefore necessary that he be discharged from the naval service by reason of convenience of the government due to personality disorder and the characterization of that discharge by warranted by the service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880808 Honorable 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, the Board determined this issue is without merit. The applicant wants his discharge reason changed to medical or hardship. The applicant was properly diagnosed with a personality disorder by competent medical authority and the diagnosis was documented in his medical record. The medical examiner stated, psychiatrically, the applicant was fit for full duty. However, it was the commanding officer’s opinion that there had been no results in rectifying the applicant’s performance problems after having been counseled by competent medical authority. The NDRB does not have the authority to change a medical diagnosis. The Board considers the propriety and equity of a discharge, in addition to post-service clemency. The applicant’s discharge was proper and equitable and the reason for discharge was in accordance with the medical examiner’s diagnosis. Therefore, relief is denied.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560A, Change 5, effective
15 Jun 87 until 10 Jan 89), Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.
B . NAVOP 013/87 (CNO 201614ZFEB87) Delegated authority to Special Court-Martial Convening Authorities (SPCMCA's) to administratively separate enlisted members in certain circumstances. Authority was delegated for separation of enlisted members with Honorable, General, or Entry Level discharges for the following reasons where member does not object to the separation.

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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