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NAVY | DRB | 2000_Navy | ND00-00451
Original file (ND00-00451.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND00-00451

Applicant’s Request
The application for discharge review, received 000223, requested that the reason for the discharge be changed to Regular Discharge w/o Personality Disorder. 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 000918. 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: “NAVMILPERSMAN, Article 1910-122” vice “MILPERSMAN 1910-600”. The original DD Form 214 should be corrected or reissued as appropriate.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. Do to the stress of my mothers, illness, I was unable to perform the necessary duties the Government requires. As the only male in the home I felt I was needed, to assist my mother with my little sister. several attempts were made to transfer to a local "Base" and was denied.

Now that my mother is cancer free and has completed the treatments, I'm ready to serve my Government, without any interruptions. I ask to please consider my issue. Thank you in advance.

2. To whom it may concern:

In September, I was diagnosed with breast cancer. After having surgery to remover the tumor, I've been under going treatments on a day -to day basis to prevent any reoccurrences. Along with the side effects of this treatment is the fact that I’m a single parent with a toddler to take care of. I have just recently returned back to work after being off on disability for on an extended period of time. This has no doubt caused a great financial hardship and my return to work hurried a bit prematurely.

I feel that if would be a great help to me if my son namely (applicant), were stationed near by (preferable the San Diego area), to give his support both physically and emotionally. In addition I’m due to have reconstructive surgery in the spring. Making it more urgent for the necessity of my son to be closer to home.

I’m requesting at this time that you careful consideration and attention be given to this matter. In closing the following documents you requested. My daughter's birth certificate and a detail of my medical diagnosis.

Thank you
(mother)
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Medical consultation for applicant's mother dated December 4, 1997

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     970904 - 970924  COG

 Period of Service Under Review :
Date of Enlistment: 970925               Date of Discharge: 980806

 Length of Service (years, months, days):

         Active: 00 10 12
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 41

 Highest Rate: SR

 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: 9

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 :

980412:  Applicant to unauthorized absence, 0630, 12Apr98.

 980417:  Applicant from unauthorized absence 0645, 17Apr98 (5 days/surrendered).

980509:  Applicant to unauthorized absence 0630, 9May98.

980513:  Applicant from unauthorized absence 0930, 13May98 (4 days/surrendered).

980605:  Applicant diagnosed with a borderline personality disorder. 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 considered self-destructive and a continuing risk of harm to self or others.

980713:  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.
980713:          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.
980720:  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): SR (applicant) was psychologically evaluated on 5 June 1998 and was determined to be unsuitable for continued naval service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980806 with an 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 discharge was proper and equitable (C and D).

The applicants first issue states: “Do to the stress of my mothers, illness, I was unable to perform the necessary duties the Government requires. As the only male in the home I felt I was needed, to assist my mother with my little sister. several attempts were made to transfer to a local "Base" and was denied. Now that my mother is cancer free and has completed the treatments, I'm ready to serve my Government, without any interruptions. I ask to please consider my issue. Thank you in advance.” The Board considered the applicant’s family situation, but did not find the resolution of difficulties at home reason to change the reason for discharge. The applicant was discharged for a properly diagnosed personality disorder. To change the reason for discharge would be inappropriate. Relief is not warranted.

The applicant’s second issue is a letter from the applicant’s mother requesting reassignment of her son (applicant) to the San Diego vicinity. The Board sympathizes with the applicant’s family situation, but finds no reason to change the applicant’s discharge reason from personality disorder. The record clearly shows that the applicant was diagnosed with a personality disorder by a medical officer. To change the reason for discharge would be inappropriate. Relief is 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 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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