Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-01040
Original file (ND99-01040.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-01040

Applicant’s Request
The application for discharge review, received 990728, requested that the characterization of service on the discharge be changed to honorable and the reenlistment code changed to RE-3. The applicant requested 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 000417. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an inequity, but no impropriety in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change to: HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

The NDRB did note an administrative error on the original DD Form 214. Block 12c, Net Active Service This Period, should read: "01 09 26" vice "01 07 26" and Block 25, Separation Authority, should read: “3620200” vice “3630225”. The original DD Form 214 should be corrected or reissued as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I have to admit that I was to young fresh out of high school (Central-East), which I had a problem accepting authority from individuals that didn't have clue about order and importance. Also, most of the high command of enlisted and offers had no management skills at all. I'm in school at Stillman College, so you know I what discipline, commitments, and values. It take theses to have success which I'm a sophomore with 2.5 grade pint average and some management while working at the same time. Enough, I need discharge change to Honorable, because you or whoever was suppose to give me a M.O.S. (rating) in the U.S. Navy. While in U.S.N. for going on a year someone didn't look at me at all for rating in U.S.N. The four years which I was obligated to do, the command said I was crazy and wouldn't give me a rating. So, you was really telling me that I had no free-will to work on a M.O.S. that I had did requirements for the rating. You give me no chance to succeed in military at all. Also, I would like to rejoin but I'm not sorry for what I have done but for what you have done to me.

 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)     921201 - 930719  COG

 Period of Service Under Review :
Date of Enlistment: 930720               Date of Discharge: 950515

 Length of Service (years, months, days):

         Active: 01 09 26
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 39

 Highest Rate: SA (E-2)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SWASM (w/Bronze Star), N"E"A

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

950222:  Lafayette River Mental Health Clinic (LRMCH): The pt is a 20 year old African American single male with 1 years 7 months continuous active duty. The pt was referred for evaluation of fitness for duty. The pt informed the evaluator that he was not at LRMHC

950509:  LRMHC (outpatient psychology): Pt is a 20 year old single African American male with 1 year 7 months continuous active duty stationed aboard the USS CONOLLY. Pt was referred voluntarily by his command due to the pt's difficulty at work and fitness for duty. The pt reported a history of ant- social behavior, but referred to answer questions, at times, regarding legal history. Pt was suspended in school, grade -7 times three, has been arrested and has had difficulty with authority figures. Pt currently describes his performance at work as "ok some days." pt appears decreased motivation. Denies suicidal ideation and homicidal ideation.
Diagnosis: I: No diagnosis, Diagnosis II: 301.9 Personality disorder NOS with Anti-Social Narcissistic, Passive-Aggressive traits, Diagnosis III: None reported.
Plan: Recommend routine admin separation. A long-standing disorder of character. Command needs to document interference with performance of duty and counseling in conjunction with this diagnosis. No follow-up desired by pt, denied suicidal/homicidal ideation. Plan to discussed with pt and spoke to CO, Capt E_. Full report to follow.
950509:  NAVMEDCEN, Portsmouth, VA: Provided the following psychological evaluation on applicant to his command: Diagnosis: 301.9. The psychologist advises consideration of administrative separation for unsuitability. The member is not considered mentally ill and returns to full duty. This individual does, however, manifest a long-standing disorder or character and behavior which is of such severity as to interfere with further productive military service. Processing for administrative separation in accordance with NAVMILPERSMAN 3620225 would require, in addition to this diagnosis, documented interference with the performance of duty and counseling. In the examiner's opinion, the patient does not possess a severe mental disease or defect for purpose of R.C.M. 706 examinations and is considered competent.

No discharge package in service record.

PART III – RATIONALE FOR DECISION AND PERTINENT RE7GULATION/LAW

Discussion

The applicant was discharged on 950515 general (under honorable conditions) for convenience of the government on the basis of a 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 but inequitable (D and E).

In the applicant’s issue 1, the Board found that the applicant had no serious misconduct or NJPs in his service record, and therefore will grant relief and upgrade the discharge to HONORABLE. The Board will not change the reason for discharge. The applicant was discharged for having a personality disorder which interfered with his ability to serve in the Navy. No other narrative reason for discharge would be appropriate.

 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. 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     


Similar Decisions

  • NAVY | DRB | 2003_Navy | n0300386

    Original file (n0300386.rtf) Auto-classification: Denied

    ND03-00386 Applicant’s Request The application for discharge review was received on 20030107. This recommendation requires counseling & documentation that the personality disorder interferes with the performance of duty. [PARTIAL DISCHARGE PACKAGE MISSING] PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19921223 under honorable conditions (general) for convenience of the government on the basis of a diagnosed personality disorder of...

  • NAVY | DRB | 1999_Navy | ND99-01134

    Original file (ND99-01134.rtf) Auto-classification: Denied

    Thank you very much, (applicant) MS3, USN.930826: Commanding officer recommended 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. The second psychologist conducted a separate evaluation and also concluded that MS3 (applicant) suffered from a severe personality disorder that warranted immediate separation. ...

  • NAVY | DRB | 2000_Navy | ND00-00042

    Original file (ND00-00042.rtf) Auto-classification: Denied

    ND00-00042 Applicant’s Request The application for discharge review, received 991014, requested that the reason for the discharge be changed to Secretarial Authority. Member did not object to the separation.930715: CO, RTC, Great Lakes directed the applicant's discharge with an Entry Level Separation by reason of Convenience of the government on the basis of a Personality Disorder in accordance with NAVMILPERSMAN, Article 3620200. After a thorough review of the records, supporting...

  • NAVY | DRB | 2002_Navy | ND02-01232

    Original file (ND02-01232.rtf) Auto-classification: Denied

    ND02-01232 Applicant’s Request The application for discharge review, received 020828, requested that the characterization of service on the discharge be changed to honorable or entry level separation or uncharacterized. In the interim, he has been placed on Medical Hold from orders transferring him to his ship.980910: Naval Hospital, Great Lakes, IL: Diagnosis: Axis II: Personality Disorder, NOS (301.9). Pertinent Regulation/Law (at time of discharge)

  • NAVY | DRB | 2001_Navy | ND01-00706

    Original file (ND01-00706.rtf) Auto-classification: Denied

    Member deemed fit for return to duty for immediate processing for admin separation which should be initiated expeditiously by his Command.960624: 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 psychiatric evaluation on 15 May...

  • NAVY | DRB | 2001_Navy | ND01-00083

    Original file (ND01-00083.rtf) Auto-classification: Denied

    ND01-00083 Applicant’s Request The application for discharge review, received 001020, requested that the characterization of service on the discharge be changed to honorable. Pt denied any suicidal/homicidal ideation or history of same. Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 20 May 99 until 26 March 2000, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s) B.

  • NAVY | DRB | 1999_Navy | ND99-01217

    Original file (ND99-01217.rtf) Auto-classification: Denied

    Block 28, Narrative Reason for Separation, should read: “CONDITION, NOT A DISABILITY” vice “OTHER DESIGNATED PHYSICAL CONDITION”. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 971211 with an uncharacterized service for convenience of the Government due to condition, not a disability (A). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge...

  • NAVY | DRB | 1999_Navy | ND99-00480

    Original file (ND99-00480.rtf) Auto-classification: Denied

    Documentation Only the service record and medical record was considered since the applicant did not provide additional documentation. 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 summary of service clearly documents that personality disorder was the reason the applicant was discharged.

  • NAVY | DRB | 2001_Navy | ND01-01015

    Original file (ND01-01015.rtf) Auto-classification: Denied

    ND01-01015 Applicant’s Request The application for discharge review, received 010802, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to "difficulty adapting to military life". The applicant requested a documentary record discharge review. Decision A documentary discharge review was conducted in Washington, D.C. on 020307.

  • NAVY | DRB | 1999_Navy | ND99-00552

    Original file (ND99-00552.rtf) Auto-classification: Denied

    ND99-00552 Applicant’s Request The application for discharge review, received 990315, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant