Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-00453
Original file (ND01-00453.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND01-00453

Applicant’s Request
The application for discharge review, received 010227, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010907. 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: ENTRY LEVEL SEPARATION/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. (Equity Issue) NAVMILPERSMAN directives indicate that members being processed for separation with less than 180 days of active duty will normally be assigned a non-punitive Uncharacterized (Void or Entry Level Separation). This former member opines that his circumstances are sufficiently extenuating to warrant exception.

2. (Equity Issue) While proper at the time of issuance, this former member avers that new evidence introduced with his application is sufficiently material to warrant a change of his narrative reason for discharge from Personality Disorder to Secretarial Authority.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letters from Applicant (4)
Letter from J___ D. S____, Ph.D.
Copies of DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USA                        9806xx - 9807xx  ELS (not verified)
         Inactive: USNR (DEP)     990409 - 990607  COG

 Period of Service Under Review :
Date of Enlistment: 990608               Date of Discharge: 991209

 Length of Service (years, months, days):

         Active: 00 06 02
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 67

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: 2.00 (1)                OTA: 2.00

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

990408:         Commander, Navy Recruiting Command grants waiver for reenlistment due to an assignment of an RE-3 Code assigned by the U.S. Army.

991027:  Psychological Evaluation indicates applicant was diagnosed with Adjustment Disorder with Mixed Anxiety and Depressed Mood.309.28 and Schizotypal Personality Disorder, 301.22 with Schizoid 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. This disorder is considered no amenable to effective treatment in the military setting. If the service member is considered to present a risk for deterioration in functioning and/or a continuing danger to self or others if retained the Mental Health Department will provide appropriate follow-up care until the service member is separated from the military or the case is otherwise resolved.

991105:  Applicant notified of intended recommendation for discharge. Least favorable characterization is 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 psychological evaluation dated 991027.
991105:          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.
991112:  Commanding officer recommended discharge entry level separation 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 991209 entry level separation 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).

 The applicant’s first issue states: “(Equity Issue) NAVMILPERSMAN directives indicate that members being processed for separation with less than 180 days of active duty will normally be assigned a non-punitive Uncharacterized (Void or Entry Level Separation). This former member opines that his circumstances are sufficiently extenuating to warrant exception.” The applicant’s record is devoid of extenuating circumstances that would warrant a characterization as Honorable. The applicant warranted an Uncharacterized Entry Level Separation since he was notified of discharge prior to 180 days of service. Relief is not warranted.

 The applicant’s second issue states: “(Equity Issue) While proper at the time of issuance, this former member avers that new evidence introduced with his application is sufficiently material to warrant a change of his narrative reason for discharge from Personality Disorder to Secretarial Authority.” The Board reviewed the applicant’s statement and letter from Southern Psychiatry and Psychology Associates. The Board found at the time of discharge the applicant met the criteria for separation based on a diagnosed personality disorder. Although current documentation suggests that this condition no longer exists the Board will not change the reason as originally assigned. No other reason would accurately describe the reason for separation. To change the reason to “Secretarial Authority” would be inappropriate. Relief is not warranted.

 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 | ND02-01303

    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 | 2002_Navy | ND02-00585

    Original file (ND02-00585.rtf) Auto-classification: Denied

    In the acknowledgement letter to the Applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. A review of his record indicates the basis for his discharge was a diagnosed personality disorder. The NDRB only has authority to change the basis of a discharge or characterization of service if it was improper or inequitable.

  • NAVY | DRB | 2001_Navy | ND01-00416

    Original file (ND01-00416.rtf) Auto-classification: Approved

    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...

  • NAVY | DRB | 2001_Navy | ND01-01179

    Original file (ND01-01179.rtf) Auto-classification: Denied

    ND01-01179 Applicant’s Request The application for discharge review, received 010911, requested that the characterization of service on the discharge be changed to honorable. 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. The applicant’s service record did not contain any unusual circumstances during her five months in the military to warrant a change of discharge to...

  • NAVY | DRB | 2000_Navy | ND00-00330

    Original file (ND00-00330.rtf) Auto-classification: Denied

    Issues Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 981210 uncharacterized (entry level separation) 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. PART IV - INFORMATION FOR THE...

  • NAVY | DRB | 2004_Navy | ND04-00428

    Original file (ND04-00428.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a documentary record discharge review. The doctor who performed the psychological evaluation diagnosed me with Anxiety Disorder, Adjustment Disorder with Depressed Mood (severe), RIO Bipolar Disorder, and Obsessive-Compulsive Disorder, along with say that I have work and relationship stress.

  • NAVY | DRB | 2002_Navy | ND02-00493

    Original file (ND02-00493.rtf) Auto-classification: Denied

    Block 28 on DD 214 reflects separation due to "Personality Disorder." I don't or never have had a personality disorder. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered: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) 970331 - 970822 ELS USNR (DEP) 990521 - 990607 COG Period of Service Under Review...

  • 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 | 2000_Navy | ND00-00451

    Original file (ND00-00451.rtf) Auto-classification: Denied

    ND00-00451 Applicant’s Request The application for discharge review, received 000223, requested that the reason for the discharge be changed to Regular Discharge w/o Personality Disorder. PART I - APPLICANT’S ISSUES AND DOCUMENTATION PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 980806 with an honorable for convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the applicant...

  • 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...