Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-00423
Original file (ND01-00423.rtf) Auto-classification: Denied


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

ex-ADAR, USN
Docket No. ND01-00423

Applicant’s Request
The application for discharge review, received 010220, requested that the characterization of service on the discharge be changed to honorable, the reason for the discharge be changed to Convenience of the Government and change RE code to RE-1. 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 010829. 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: GENERAL (UNDER HONORABLE CONDITIONS/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I believe I was misdiagnosed with personality disorder.

2. Civilian counselor states that disability is other than P.D. and curable for re-entry into service.

3. I feel my opportunity to serve my country was taken away from me for no apparent reason.

4. I want to be given back the opportunity that was stolen. I want to serve my country in the Navy.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
 Lane County Veterans Service Office, Eugene OR ltr date 25 Jan 01 addressed to BCNR

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     990120 - 990127  COG

 Period of Service Under Review :
Date of Enlistment: 990128               Date of Discharge: 990924

 Length of Service (years, months, days):

         Active: 00 07 27
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: GED plus 1 year of Vocational/Trade school     

AFQT: 54
Highest Rate: ADAR

 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: None

* No Marks Found
 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 :

990902:  Hospitalized at Madigan Army Medical Center: Reason for admission: uncontrolled anger and fear of loss of control.
         Discharge Diagnosis: AXIS I: No Diagnosis, AXIS II: Borderline Personality Disorder, AXIS III: No diagnosis, AXIS IV: Stressors, Occupational, financial, AXIS V: GAF: 55.
        
990909:  Discharged from hospital, returned to duty.
990909:  Physician's Note (Chief, Dept of Psychiatry)[verbatim]: This individual was referred for treatment in this Medical Center after was seen in the Oak Harbor Emergency Room. He presented there stating that he was afraid he harm someone if he had to remain at this duty station. He indicated that he had a history of violent behavior and was afraid that he might attempt to kill someone if he remain at work. He has a history of childhood sexual abuse and substance abuse during adolescence. He dropped out of high school, had received his GED and diploma while I the Job Corps. He has a long history of difficulty controlling anger, emotional instability, low self-esteem and recurrent violent threats toward others. He concurs with the diagnosis of Borderline Personality Disorder and now recognizes that he would be unable to tolerate the requirement of military life. Therefore, he is no longer motivated to continue on active duty with the U.S. Navy.
         He is not receptive to treatment and any treatment would necessarily be quite extensive based on his longstanding psychiatric disability. His prognosis for successful completion of his enlistment is very poor.
         Recommend administrative separation for a personality disorder as soon as possible.
990913:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of a diagnosed personality disorder.
990913:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
990916:  CO, NAS, Whidbey Island directed the applicant's discharge with a General (Under Honorable Conditions) by reason of personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 990924 with a 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 proper and equitable (C and D).
In response to applicant’s issues 1, 2, 3 and 4, the Board found that t he applicant was diagnosed with an Axis II borderline personality disorder by the chief of the Department of Psychiatry at Madigan Army Medical Center and was recommended for expeditious administrative separation from the Navy. The Physician’s note states the applicant was afraid he would harm someone if he had to remain at his current duty station. The applicant indicated, at the time of his medical evaluation, that he had a history of violent behavior and was afraid he might attempt to kill someone, if he remained at work. Thus, the Board finds that the applicant’s 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. The contention that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to alter history. The applicant also states, wants to reenlist in the Navy. The NDRB has no authority to make recommendations to permit reentry into the naval service or any other branch of the Armed Forces. Reenlistment policy of the naval service is promulgated by the Commander Navy Personnel, Pers-814, 5720 Integrity Drive, Millington, TN 38055, and the Commandant, United States Marine Corps, Code MMPE5, Washington, DC 20380-3001. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief will not be granted concerning these issues.

Additionally, the applicant requests a change to his reenlistment code, to RE-1. T he NDRB has no authority to change reenlistment codes. The applicant will have to petition the Board of Correction of Naval Records to have his reenlistment code changed. Relief, is therefore, denied.

 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      


Similar Decisions

  • NAVY | DRB | 2002_Navy | ND02-00911

    Original file (ND02-00911.rtf) Auto-classification: Denied

    ND02-00911 Applicant’s Request The application for discharge review, received 020612, requested that the characterization of service on the discharge be changed to honorable. The absence of these specific records and the, young man's lack of knowledge of this type evaluation has to raise questions of due process. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 010806 under honorable conditions (general) for convenience of the...

  • NAVY | DRB | 2001_Navy | ND01-00302

    Original file (ND01-00302.rtf) Auto-classification: Denied

    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. 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...

  • NAVY | DRB | 2004_Navy | ND04-00095

    Original file (ND04-00095.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174C. 020923: Commanding Officer recommended discharge with a general...

  • NAVY | DRB | 2004_Navy | ND04-01378

    Original file (ND04-01378.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Accordingly, I have directed his General (under Honorable Conditions) separation for convenience of the government due to a personality disorder.] The Applicant does not deny that he was suffering from a personality disorder at the time of his discharge from naval service.

  • NAVY | DRB | 2002_Navy | ND02-01232

    Original file (ND02-01232.rtf) Auto-classification: Denied

    ND02-01232 Applicant’s Request The application for discharge review, received 020828, requested that the characterization of service on the discharge be changed to honorable or entry level separation or uncharacterized. In the interim, he has been placed on Medical Hold from orders transferring him to his ship.980910: Naval Hospital, Great Lakes, IL: Diagnosis: Axis II: Personality Disorder, NOS (301.9). Pertinent Regulation/Law (at time of discharge)

  • NAVY | DRB | 2001_Navy | ND01-00083

    Original file (ND01-00083.rtf) Auto-classification: Denied

    ND01-00083 Applicant’s Request The application for discharge review, received 001020, requested that the characterization of service on the discharge be changed to honorable. Pt denied any suicidal/homicidal ideation or history of same. 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.

  • NAVY | DRB | 2004_Navy | ND04-01226

    Original file (ND04-01226.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Applicant found to be a danger to herself.990609: DD-214: Applicant discharged with a general (under honorable conditions) by reason of convenience of the government on the basis of a personality disorder.Complete discharge package unavailable

  • NAVY | DRB | 2002_Navy | ND02-01303

    Original file (ND02-01303.rtf) Auto-classification: Denied

    After the counseling I was recommended for discharge.I think the record should be changed because I was given an honorable discharge and because the recruiter had misused me. 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 NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, will change the reason for discharge if...

  • NAVY | DRB | 2000_Navy | ND00-00349

    Original file (ND00-00349.rtf) Auto-classification: Denied

    DCFR (applicant) refused Alcohol Rehabilitation Department Level III treatment on 27 April 1998, further indicating a lack of desire to fulfill his contract with the Naval Service. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the reason for discharge was proper and equitable (C and D).The applicant introduced no decisional issues for consideration by the Board.The applicant was diagnosed with "Personality...

  • NAVY | DRB | 2002_Navy | ND02-01296

    Original file (ND02-01296.rtf) Auto-classification: Denied

    Applicant states attending family counseling with his mother/stepfather at age 7-9 and again with his real father at age 12-13 years. Now he experiences general feelings of distrust/insecurity. The summary of service clearly documents the Applicant was suffering from a personality disorder which is the reason the Applicant was discharged.