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NAVY | DRB | 2001_Navy | ND01-00302
Original file (ND01-00302.rtf) Auto-classification: Denied


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

ex-MSSN, USN
Docket No. ND01-00302

Applicant’s Request
The application for discharge review, received 010119, requested that the reason for the discharge be changed to Family Hardship and change reenlistment code to RE-3. 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 010629. 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).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 I have two request.
1. I am respectfully requesting the type of discharge to be changed to Family Hardship, for that is what I was experiencing at the time of discharge.

2. I would like to upgrade by RE code 4 to RE code 3.

At time of entry I was a young adult willing to pursue a lifetime career with the Navy. I am now considering entering the Reserve to continue serving my country. Since my discharge I have obtained my associates degree. I am currently pursuing my B.S.A. and should be completed within a year. I have also obtained a permanent job at I_ Family Services. Please write back to let me know a decision.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
I_ Family Services ltr of Jan 8, 2001 confirming applicant's graduating from Lewis College of Business
I_ Family Services contract with Applicant concerning psychological fee dtd Jan 8, 2000
Lewis College of Business Transcript (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     961217 - 961217  COG

 Period of Service Under Review :
Date of Enlistment: 961218               Date of Discharge: 980306

 Length of Service (years, months, days):

         Active: 01 02 19
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 9 (plus 20 semester hours of college
AFQT: 39

 Highest Rate: MSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (1)    Behavior: 4.00 (1)                OTA: 3.33 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

 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 :

980225:  Admitted to Naval Hospital Camp Pendleton: Pt is 19 year old African American female who was transferred from 29 Palms after suicide gesture of superficial laceration to left wrist today. Mother being treated for psych problems - details unknown…She has apparently become overwhelmed by various problems and frustrations. She is angry with her command for not treating her with the respect she feels entitled to and feels entitled to yell at a supervisor who yells at her. She also feels entitled to more flexibility in her work scheduled due to her child care responsibilities. She is angry with the bank because she has 2 letter of indebtedness due to bounced checks. She is also upset that her command has not been more supportive regarding her transportation problems. Her driving privileges were revoked due to 2 speeding tickets, unpaid parking violations, and a hit and run charge. Finally, she was most recently upset by her command's insistence that she follow the proper leave protocol or will get UA charge. In summary, she has a long history of emotional lability with sometimes violent rage, especially when denied something she feels entitled to. She has recurrent thoughts of hurting both herself and others, "They(supervisors) deserve to be hit". She has numerous impulse control problems and is verbally impulsive. The Galley Dept Hd, Lt. B_, noted that she doesn't take criticism well and needs excessive reassurance. These appear to be part of a long pattern. Diagnosis: AXIS I: Adjustment disorder with mixed emotional features; AXIS II: Personality Disorder, NOS with borderline and antisocial features; AXIS III: No diagnosis; AXIS IV: Occupational, economic, and child care problems; AXIS IV: GAF:60 - current; 65 - highest, past year.
980226:  Discharged from hospital.
980227:  Applicant notified of intended recommendation for discharge with an honorable by reason of convenience of the government on the basis of a diagnosed personality disorder as evidenced by your psychological examinations.
980227:  Applicant advised of her rights and having consulted 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.
980305:  CO, NavHosp, Twentynine Palms advised BUPERS that applicant was discharged with an honorable by reason of convenience of the government on the basis of a diagnosed personality disorder. Commanding officer’s comments (verbatim): "After review of member's medical evaluation by the Psychiatrist at Naval Hospital Camp Pendleton, I ams separating member under article 3620225. MSSN (Applicant) is diagnosed with a personality and adjustment disorder. The psychiatrist strongly recommended immediate discharge due to the fact that the member has the potential for further "acting out behavior, including harm to herself and others". This disorder is not conducive to good order and discipline and renders member ineligible for mobilization."

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980306 with an honorable for convenience of the government on the basis of a diagnosed personality disorder. (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 applicant’s first issue states: “I am respectfully requesting the type of discharge to be changed to Family Hardship, for that is what I was experiencing at the time of discharge.” The NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents that the applicant’s personality disorder was the reason the applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason Separation would be inappropriate. Relief is not warranted.

The applicant’s second issue requested a change in her reenlistment code. Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy. Reenlistment policy of the naval service is promulgated by the Commander, Navy Personnel Command, Pers-814, 5720 Integrity Drive, Millington, TN 38055. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief, is therefore, denied.

The applicant is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.


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 “ afls10.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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