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NAVY | DRB | 1999_Navy | ND99-01173
Original file (ND99-01173.rtf) Auto-classification: Denied


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




ex-ATAN, USN
Docket No. ND99-01173

Applicant’s Request

The application for discharge review, received 990903, requested that the reason for the discharge be changed. 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 000512. 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/ PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).



The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority, should read: “Article 1910-122” vice “3620200”. The original DD Form 214 should be corrected or reissued as appropriate.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I have been a good citizen since my discharge and have not demonstrated a personality disorder.

2. My youth impaired my ability to serve. I enlisted at the age of 18 and had just graduated from High School when I shipped off for boot camp. Family problems interfered with my service. My grandmother died and my parents divorced during my service.

3. Personal problems interfered with my enlistment. These personal problems were the same as the previously listed family problems.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214 (2)


PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Active: None
         Inactive: USNR (DEP)     961214 - 970623  COG

Period of Service Under Review :

Date of Enlistment: 970624               Date of Discharge: 980327

Length of Service (years, months, days):

         Active: 00 09 04
         Inactive: None

Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 89

Highest Rate: ATAN

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):

HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

Chronological Listing of Significant Service Events :

970729:  Applicant disenrolled from the Nuclear Power Program due to failure to meet program entrance requirements (medical disqualification) and being no longer eligible for E-3 pay grade was administratively reduced to E-1.

980107:  NAVHOSP Pensacola, FL: AN (Applicant) was seen for a psychiatric eval at this facility on 23 Dec 97. The clinical impressions were: a. AXIS I: Sleepwalking Disorder, b. AXIS II: Avoidant Personality Disorder. The clinical opinion is that the member is not considered mentally ill, but manifests a long standing disorder of character and behavior which is of such severity as to render this individual incapable of serving adequately in the Navy. This member does not required and will not benefits form hospitalization of psychiatric treatment. He is not considered suitable for access to classified information or for further productive military service. Expeditious admin separation is strongly recommended for convenience of the government by reason of severe personality disorder. He will most likely become an increasing admin burden to his command with deteriorating performance, conduct, reliability, and judgement. Due to the member's severe personality disorder, he poses a serious threat to the safety and well-being of himself or others which renders him incompatible with military service . An (Applicant) was strongly advised to contact the Mental Health Clinic during normal working hours, or the Emergency Room outside normal working hours, for assistance as the need arises.

980318:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government on the basis of a severe personality disorder.

980318:  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.

980429:  CO, NATTC, Pensacola, FL advised BUPERS that applicant was discharged with type of discharge warranted by service record by reason of convenience of the government on the basis of a personality disorder. Commanding officer's comments (verbatim): "ATAR (Applicant) was diagnosed by medical authorities as having a severe personality disorder which is virtually untreatable in a military facility. He is considered a serious treat to the safety and well-being of himself or others which renders him incompatible with military service. His potential for future active naval service is considered inadequate. Medical authorities strongly recommend that he be administratively separated. In my opinion, he has no potential for future active naval service; therefore, I have directed that he be discharged from the naval service with the type of discharge warranted by service record by reason of Convenience of the Government."


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980327 with an honorable for convenience of the government on the basis of a diagnosed severe personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service. (A). The Board presumed regularity in the conduct of governmental affairs (B). 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 (C and D).


The applicant requested that the reason for his discharge be changed. The NDRB, under its responsibility to examine the propriety and equity of a discharge, will change the reason for discharge if such a change is warranted. The service record clearly documents the personality disorder which resulted in the applicant’s discharge. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief not warranted.


Pertinent Regulation/Law (at time of discharge)

A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until 31 Aug 1998, Article 1910-122 (formerly 3620225), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER(S).

B. 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.

C. 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.

D. 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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