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NAVY | DRB | 2001_Navy | ND01-00340
Original file (ND01-00340.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND01-00340

Applicant’s Request
The application for discharge review, received 010123, requested that the characterization of service on the discharge be changed to Honorable, and change the reenlistment code. The applicant requested a personal appearance hearing before a traveling panel closest to Los Angeles, CA. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area. The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010710. 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: UNCHARACTERIZED/ PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. To Whom It May Concern,

I'm writing this letter concerning my discharge from the United States Navy. I received a RE-4 discharge code, which means that it is almost impossible to get back into the Navy. I believe this code was a mistake. While I was in bootcamp, I had a difficult time. This was because six weeks prior to my ship date my Father passed away. His death took a great toll on me, this was because I was very close to my Father. After he died I moved up my ship date to February 23, 1998, my original date was April 17, 1998. The reason I moved my ship date forward was because I thought it would help me cope with my Father's death. I was wrong, it made matters worse. In bootcamp I had trouble sleeping because my Father was on my mind, it was also hard to focous on my duties. It was hard in there mentally with the situation I was in. After a few weeks my Drill Sergeant saw that I was not doing well, they sent me to REU(Recruit Evaluation Unit). In there I talked to a man whom I believe was a Psychologist, I spent about five minutes talking with him about my Father's death and the problems I was having in bootcamp. He then told me that I was not mentally ready for bootcamp at this time and maybe in six months to a year I could try again. After I talked with him I was sent to the Separation Unit, there I stood about ten days before I was able to return home. When I finally returned home, I went to see my Recruiter and he took a look at my discharge papers. He told me that I had received a RE-4 code which means it would be almost impossible to get back into the Navy. I went back home and thought about it and told myself, maybe there was something else I could do in life The job I chose in the Navy was an Airman Recruit. Most of my life I had always wanted to work on planes, especially in the Navy. It has always been a dream to me to be a United States Sailor. I thought hard about the situation and I said to myself that I should not settle for less and try to get what I really wanted, and this is to be a United States Sailor. I went to my Congressman to get this address so that I could find out what it would take to get back into the Navy. My question is," I would like to know what must I do to change this code and prove that I deserve another chance to be in the Navy?" This is one of the most important goals in my life which is to be a United States Sailor. I promise you that I will not let you down. I also learned a valuable lesson in life," Sometimes in life you only get one chance so always do your best because there may not be another chance." I would appreciate it if you could please look over my RE-4 code and let me know what has to be done to complete my goal. I have enclosed copies of my Father's death certificate and my discharge papers. Sincerely,


Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of father's death certificate
Copy of applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     971023 - 980222  COG

 Period of Service Under Review :
Date of Enlistment: 980223               Date of Discharge: 980319

 Length of Service (years, months, days):

         Active: 00 00 25
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 9                         AFQT: 46

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA*                 Behavior: NMA*            OTA: NMA*

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

*No marks assigned.

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

UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

 Chronological Listing of Significant Service Events :

980311:  Medical officer statement: Applicant diagnosed with dysthymic disorder, early onset, EPTE. 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.

980313:  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 dysthymic disorder.
980313:          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.
980316:  Commanding officer recommended discharge Uncharacterized 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): As evidenced by enclosure (3), an erroneous enlistment has occurred. I authorize separation from the naval service with an Entry Level Separation. Enclosure 3 missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980319 Uncharacterized 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).

Issue 1. The applicant states, his father’s death took a toll on him and he wants to return to the Navy. The applicant served in the military for 25 days. The characterization of his discharge was proper and equitable. The applicant also request that his re-enlistment code be changed to allow him to reenter the Navy. The NDRB does not have the authority to change re-enlistment codes. The applicant will have to petition the Board of Correction of Naval Records (BCNR), to address this issue. Relief denied.

 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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