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NAVY | DRB | 2000_Navy | ND00-00042
Original file (ND00-00042.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND00-00042

Applicant’s Request
The application for discharge review, received 991014, requested that the reason for the discharge be changed to Secretarial Authority. 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 000616. 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/Other physical/mental conditions - Personality disorder, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I feel that I shouldn't have received a discharge like this because, I never been diagnosed with this with a doctor nor a psychologist.

 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)     930429 - 930622  COG

 Period of Service Under Review :
Date of Enlistment: 930623               Date of Discharge: 930720

 Length of Service (years, months, days):

         Active: 00 00 28
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 30

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

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

ENTRY LEVEL SEPARATION/Other physical/mental conditions - Personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

930712:  Clinical Psychologist, RTC Great Lakes, IL: This 21 year old, single Black male with less than 1 month continuous active duty was referred to REU on July 12, 1993, by command referral, as a result of a suicide gesture. Past history, as disclosed by applicant and all available records, revealed him to be the oldest child from a home broken by parent's divorce. Pt reported a history of affective instability; marked shifts from baseline mood to depression; irritability and anxiousness; inappropriate, intense anger and lack of control of anger (hitting fist against wall); recurrent suicidal behavior (superficial laceration to left wrist); uncertainty about self image; long term goals and career choice; type of friends desired; and chronic feelings of emptiness and boredom.
         Since arriving on active duty: On 23 Jun 93 he claims to have had an inability to adapt to the routine rigors of basic training, experienced periods of uncontrollable crying, decreased sleep and appetite, recurrent suicidal ideation, suicidal gesture/attempt, inability to relax, conflicts with recruit and staff command personnel, and difficulty establishing significant peer relationships. Company commander and Division Officer Evaluation poor performance. The applicant is considered a risk for harm to self and others if retained in training.
         Assessment: AXIS I: Deferred; AXIS II: Borderline Personality Disorder, 301.83, Severe, EPTE.
         Plan & Recommendation: Entry Level separation be effected because diagnosis borderline personality disorder.

930713:  Applicant notified of intended recommendation for discharge with an Entry Level Separation by reason of Convenience of the government on the basis of a diagnosed Personality Disorder.
930713:  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. 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930720 with an Entry Level for convenience of the government on the basis of a diagnosed personality disorder, which existed prior to entry. (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 claims he should not have received a discharge like his because he was never diagnosed with this with a doctor. The applicant was evaluated by a Clinical Psychologist at Great Lakes, IL at the request of his command. The diagnosis was borderline personality disorder, 301.83, Severe, EPTE. The recommendation was entry level separation due to the diagnosis of personality disorder. The discharge was proper and equitable. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 5 Mar 93 until 21 Jul 94, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT

B. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 5 Mar 93 until 21 Jul 94, 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.

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
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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