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NAVY | DRB | 2000_Navy | ND00-00349
Original file (ND00-00349.rtf) Auto-classification: Denied


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


ex-DCFR, USN
Docket No. ND00-00349

Applicant’s Request
The application for discharge review, received 000121, requested that reason for the discharge be changed to routine or mutual separation. 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 000824. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the reason for discharge. The Board’s vote was unanimous that the reason for 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: “NAVMILPERSMAN, Article 1910-122” vice “MILPERSMAN 3620200”. The original DD Form 214 should be corrected or reissued as appropriate.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of applicant's DD Form 214
Statement from applicant dated October 15, 1999
 Cover letter from Department of Veteran's Affairs
 Copy of Travel Certificate/Separation Without Orders Form dated April 27, 1998 (2 copies)
 Copy of Enlisted Strength Loss
 Copy of Report - Final Separation
Letter from applicant's parents dated April 17, 1998
 Letter from applicant's parents dated May 18, 1998
 Letter from applicant's mother dated May 28, 1998

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USNR (DEP)     951207 - 960724  COG

 Period of Service Under Review :
Date of Enlistment: 960725               Date of Discharge: 980427

 Length of Service (years, months, days):

         Active: 01 09 03
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4
Education Level: 12                        AFQT: 48

 Highest Rate: DCFA
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.50 (2)    Behavior: 2.50 (2)                OTA: 2.67        5.0 evals
Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 6

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 :

970826:  NJP for violation of UCMJ, Article 92: Dereliction of duty.
         Award: Forfeiture of $450 per month for 1 month, restriction and extra duty for 15 days, reduction to DCFR. No indication of appeal in the record.
980320:  Alcohol evaluation: Diagnosis: alcohol abuse. Recommend Level I.

 980328:  Applicant to unauthorized absence 0700, 28Mar98.
980330:  Applicant from unauthorized absence 0700, 30Mar98 (2 days/surrendered).
980409:  Applicant to unauthorized absence 0700, 9Apr98.

 980413:  Applicant from unauthorized absence 1245, 13Apr98 (4 days/surrendered).
980416:  Medical entry: Diagnosis: Axis I: Adjustment disorder with depressed mood (resolved), Alcohol dependence, Axis II: Personality disorder NOS with borderline and antisocial features, Axis III: Non toxic dipheahydramine ingestion, Axis IV: A symptomatic hyper_______.
980427:  Applicant evaluated as alcohol dependent and offered the opportunity to participate in Level III treatment. Applicant waived right to Level III rehabilitation and after care program regimen.
980427:  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 and alcohol abuse rehabilitation failure evidenced by medical entries in your current enlistment.
980427:          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:  Commanding officer directed 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): DCFR (applicant) was diagnosed with adjustment disorder with depressed mood, alcohol dependence, personality disorder NDS with borderline antisocial features and nontoxic dipheahydramine ingestion on 13 April 1998 and recommended for routine administrative separation. DCFR (applicant) was not given the required page 13 warning for personality disorder because of his desire to be separated from the Navy and suicide gesture. DCFR (applicant) refused Alcohol Rehabilitation Department Level III treatment on 27 April 1998, further indicating a lack of desire to fulfill his contract with the Naval Service. Accordingly, this Honorable Discharge is approved for a separation date of 27 April 1998.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 980427 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). 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 reason for discharge was proper and equitable (C and D).
The applicant introduced no decisional issues for consideration by the Board.

 The applicant was diagnosed with "Personality Disorder with borderline and antisocial features" by a competent medical authority at the Naval Medical Center Portsmouth, VA, and was recommended for expeditious administrative separation from the Navy. (A, Part IV) pertains. Thus, the Board finds that the Reason for Discharge reflects the applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance. "Personality Disorder" is an accurate narrative description of the reason for the applicant's discharge.

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 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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