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NAVY | DRB | 2000_Navy | ND00-00842
Original file (ND00-00842.rtf) Auto-classification: Denied


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


ex-SA, USN
Docket No. ND00-00842

Applicant’s Request
The application for discharge review, received 000622, requested that the reason for the discharge be changed to administrative/convenience of the government. 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 010201. 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 or reason for the applicant’s discharge. The Board’s vote was unanimous that the discharge shall not change. The discharge shall remain: HONORABLE /Other physical/mental conditions – personality disorder, authority: NAVMILPERSMAN, Article 3620200.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues (verbatim)
1. I submit that the Narrative Reason for Separation (personality disorder) is not accurate. I was never formally diagnosed with such a disease. Rather it was a situational problem as opposed to personality disorder. The current narrative reason for separation is handicapping my employment prospects.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)
Copy of Bachelor of Arts Degree (English)
 Employment Reference Letter
 Letter from Applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     891013 - 900211  COG
Period of Service Under Review :
Date of Enlistment: 900212               Date of Discharge: 910618

 Length of Service (years, months, days):
         Active: 01 04 07
          Inactive: None
Age at Entry: 19                          Years Contracted: 4 (24 months extension)

 Education Level: 12 1/3           AFQT: 86
Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.20 (2)    Behavior: 3.40 (2)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

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

HONORABLE /Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.
Chronological Listing of Significant Service Events :

910418:  Head, Mental Health Department, Naval Hospital, Long Beach, Psychiatric evaluation determined that applicant suffers from a severe, longstanding (301.90) Personality Disorder, not otherwise specified. This disorder existed prior to enlistment and is of such severity as to render this person incapable of serving adequately in the United States Navy. The member is not suicidal or homicidal nor considered to be mentally ill. In addition, the service member does not presently require, and will not benefit from, psychiatric treatment or hospitalization.

910531:  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 a letter from the Head, Mental Health Department, Naval Hospital, Long Beach and SF 600 dated 910418.
910531:          Applicant advised of his rights and having elected to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to submit a statement, and to obtain copies of the documents used to support the basis for the separation.
910612:  Commanding officer recommended administrative separation by reason of severe longstanding personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 910618 with an honorable discharge 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 and equitable (D and E).
In response to the applicant’s issue, the Board found the applicant was diagnosed with a severe, longstanding Personality Disorder (not otherwise specified) by the Mental Health Department, Naval Hospital, Long Beach. While the applicant was not found to be suicidal or homicidal and did not need psychiatric treatment, the applicant was found to be incapable of serving adequately in the United States Navy. Furthermore, the applicant did not object to his discharge at the time of issuance. The Board finds no reason to change the applicant’s reason for discharge. Relief denied.
The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered. In reviewing the applicant’s post service, the Board was impressed with the educational efforts he has made since being discharged. However, t he applicant's efforts need to be more encompassing than those provided. The applicant should have produced evidence of a verifiable employment record, documentation of community service, and certification of non-involvement with civil authorities in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. He is highly encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 14, effective
22 Dec 90 until 14 Aug 91, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560-A), Change 13, effective
12 Oct 90 until 14 Aug 91, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - 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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