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NAVY | DRB | 2001_Navy | ND01-00416
Original file (ND01-00416.rtf) Auto-classification: Approved


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


ex-AR, USN
Docket No. ND01-00416

Applicant’s Request
The application for discharge review, received 010215, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293. Subsequent to the application, the applicant obtained representation from the American Legion.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010829. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned impropriety in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change. The discharge shall change to: UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues (verbatim)

1. (Propriety Issue) In accordance with MILPERSMAN 1910-308, this former member avers that his character of service on DD Form 214 (Certificate of Release or Discharge from Active Duty) was improperly issued as General (Under Honorable Conditions) and warrants amendment to Uncharacterized (Entry Level Separation).
2. (Equity Issue) This former member further opines that he was misdiagnosed with a personality disorder while in service and warrants an amendment of his reason for discharge to Secretarial Authority.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant's mother dated February 3, 2001
Letter from Congressional Liaison Office dated November 3, 2000 (3 copies)
 Letter from Board for Correction of Naval Records dated January 29, 2000 with DD Form 149 attached
Letter from applicant's mother dated February 7, 2001
Letter from applicant's mother dated February 16, 2001
Copy of applicant's DD Form 214 (2 copies)
Letter from applicant's mother dated March 24, 2001
Character reference dated March 27, 2001
Character reference dated March 26, 2001
Character reference dated March 27, 2001
Character reference from applicant's grandmother dated March 28, 2001
Character reference
Character reference dated March 31, 2001
Letter from applicant's mother dated March 20, 2001
Letter from U.S. Representative dated September 13, 2000, October 12, 2000, November 9, 2000 and November 14, 2000
Letter from applicant's mother dated November 21, 2000
Copy of rough draft of a letter
 Letter from applicant's mother dated November 24, 2000
 Character reference dated April 9, 2001
Character reference dated April 9, 2001 (2 letters)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     980731 - 990705  COG
Period of Service Under Review :
Date of Enlistment: 990706               Date of Discharge: 000114

 Length of Service (years, months, days):
         Active: 00 06 09
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 50
Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: NOB                  Behavior: 3.00 (1)                OTA: 3.00

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

 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 1910-122 (formerly 3620225).
Chronological Listing of Significant Service Events :

991215:  Applicant diagnosed with personality disorder NOS with borderline 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 considered self-destructive and a continuing risk of harm to self or others.
000104:  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.
000104:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
000114:  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.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 000114 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). 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 improper (C and D).
The applicant’s representative submitted the following as issue 1: (Propriety Issue) In accordance with MILPERSMAN 1910-308, this former member avers that his character of service, on DD Form 214 (Certificate of Release or Discharge from Active Duty), was improperly issued as General (Under Honorable Conditions) and warrants amendment to Uncharacterized (Entry Level Separation). After a review of the applicant’s service record and other evidence presented to the NDRB, it was determined that the applicant’s discharge was improper. The applicant was notified of intended recommendation for discharge prior to the completion of 180 consecutive days of initial military service, which places him in an entry level status. There is no evidence in the applicant’s service record that indicates, in his abbreviated military career, that any event(s) occurred during this enlistment that would warrant a discharge of General (under Honorable conditions). Therefore, the applicant’s request to change his discharge from General (under Honorable conditions) to an entry level separation is granted.
The applicant’s representative submitted the following as issue 2, (Equity Issue) This former member further opines that he was misdiagnosed with a personality disorder while in service and warrants an amendment of his reason for discharge to Secretarial Authority. The applicant was diagnosed, by competent medical authority at the Naval Hospital, Pensacola, FL, with a personality disorder with borderline features and was recommended for expeditious administrative separation from the Navy. The applicant was determined to be a serious threat to the safety and well-being of himself and others, which renders him incompatible with military service. Thus, the Board finds that the Reason for Discharge reflects the applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance. "Personality Disorder" is an accurate narrative description of the reason for the applicant's discharge. Relief denied.
The applicant’s discharge shall change to Uncharacterized (Entry Level Separation)/ Personality Disorder.

Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective
20 May 99 until 26 March 2000, 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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