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NAVY | DRB | 2000_Navy | ND00-00363
Original file (ND00-00363.rtf) Auto-classification: Denied


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


ex-SA, USN
Docket No. ND00-00363

Applicant’s Request
The application for discharge review, received 000201, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Secretarial Authority. The applicant requested a personal appearance hearing before the board in the Washington National Capital Region. The applicant listed a private attorney as her representative on the DD Form 293.

Decision

A personal appearance hearing discharge review was conducted in Washington, D.C. on 000817. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but inequity occurred in the characterization and stated reason for the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change to: HONORABLE/SECRETARIAL AUTHORITY, authority: NAVMILPERSMAN, Article 3630900.






THIS IS THE CORRECT SHELL FOR PERSONALITY DISORDER 930628 - 940721. SEPARATION CODE KFX.
Findings for personality disorder and TWSR are effective 930305 - 940721. The SPN code KFX was not listed in NAVMILPERSXONINST 1900 series prior to 930628. A general discharge is written GENERAL (UNDER HONORABLE CONDITIONS).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

1. Whether Applicant actually had a personality disorder at the date of discharge.
2. Whether a General discharge properly characterized Applicant's service.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of acceptance letter from previous case
Copy of decisional document from previous case

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USNR (DEP)     920727 - 920825  COG
Period of Service Under Review :
Date of Enlistment: 920826               Date of Discharge: 931220

 Length of Service (years, months, days):
         Active: 01 03 25
          Inactive: None
Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 55
Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 2.60 (1)    Behavior: 2.00 (1)                OTA: 2.60

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM

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 :

931026:  NJP for violation of UCMJ, Article 86: Absent from appointed place of duty on 0730-0800, 7Oct93.
          Award: Forfeiture of $457 per month for 1 month, restriction and extra duty for 20 days. Forfeiture suspended for 6 months. No indication of appeal in the record.
 931026:  Retention Warning: Advised of deficiency (Nonjudicial punishment on 26 October 1993 for violation of the UCMJ, Article 86 Unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
931207:  Medical officer statement: Applicant diagnosed with Axis I: Adjustment disorder with mixed emotional features, resolving. Axis II: Personality disorder NOS with borderline, histrionic and dependent features. 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. Applicant was not considered suicidal or homicidal at the time of the medical evaluation but there was a omnipresent risk of suicide if retained in the USN. Member was deemed fit to return to duty for expeditious administrative separation IAW MILPERSMAN 3620225.

931208:  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 your psychiatric evaluation on 7 December 1993.
931208:          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.
940103:  Commanding officer directed 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. Commanding officer's comments: (verbatim): SNM was evaluated by competent medical authority as having a personality disorder, not otherwise specified, with borderline, histrionic and dependent features, which is of such severity as to render this individual incapable of serving adequately in the Navy. Although not considered suicidal or homicidal at this time, there is an omnipresent risk of suicide if retained in the Navy. I concurred with the recommendation of Naval Hospital Pensacola Psychiatry and separated SNM per references (a) and (b). SA (applicant) does not object to this separation.
960826:  NDRB documentary record review Docket Number ND96-00758 conducted. Determination: discharge proper and equitable; relief not warranted.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 931220 General (under Honorable conditions) 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 but inequitable (D and E). The Board conducted a thorough review of the applicant’s medical diagnosis of an adjustment disorder. Professional medical opinion suggests the applicant may have been misdiagnosed as suffering from a personality disorder when the evidence better documents stress, suffered as a result of the alleged raped and concern for how the Navy handled the case against the accused rapist. The Board determined her misconduct and subsequent NJP for being on unauthorized absence (UA) for one hour, was the only misconduct in the applicant’s record and does not justify administrative separation with a General (under Honorable conditions) discharge. The Board determined the applicant’s discharge was inequitable and she is deserving of relief. Her discharge characterization shall change to Honorable and the reason shall change to Secretarial Authority.

Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 05 Mar 1993 until 21 Jul 1994, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560C, Change 5, effective 930305 - 940721), 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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