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NAVY | DRB | 2001_Navy | ND01-00654
Original file (ND01-00654.rtf) Auto-classification: Denied


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




ex-SN, USN
Docket No. ND01-00654

Applicant’s Request

The application for discharge review, received 010411, requested that the reason for the discharge be removed. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.


Decision

A documentary discharge review was conducted in Washington, D.C. on 011031. 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 or the assignment of reason for discharge. The Board’s vote was unanimous that the reason for 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

1. I (applicant) respectfully request that the board, take off my military record, that I have a personality disorder. Please consider that, I have turn my life around and I wish to get a good job with the State or government. But with my DD-214 says I have a personality disorder, I have trouble getting the job. Also please consider I have a family to support, Thank you very much.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of applicant's DD Form 214
Copy of medical page dated March 28, 2001


PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Active: None
         Inactive: USNR (DEP)     960119 - 960121  COG

Period of Service Under Review :

Date of Enlistment: 960125               Date of Discharge: 981019

Length of Service (years, months, days):

         Active: 02 08 25
         Inactive: None

Age at Entry: 26                          Years Contracted: 4

Education Level: 12                        AFQT: 52

Highest Rate: RM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: NMF                  Behavior: NMF             OTA: NMF

Military Decorations: None

Unit/Campaign/Service Awards: BER, SSDR, NRSSR

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 :

981014:  Applicant diagnosed with personality disorder not otherwise specified with dependent and immature 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.

981015:  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 psychiatric evaluation of 14 October 1998.

981015:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

981019:  Commanding officer directed discharge honorable 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): Petty Officer (applicant) is not considered to be mentally ill, but manifests a long-standing disorder of character and behavior which is of such severity as to render him unsuitable for continued military service in the U.S. Navy. He has been judged (enclosure (2) refer) to be a risk to himself or others if retained on active duty, especially in view of his history of suicidal or homicidal ideation. I concur with the findings in enclosure (2) and believe he is unsuitable for continued military service and am separating him from the U.S. Navy.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 981019 honorable 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 provided a current medical evaluation stating that he currently has no psychiatric problems and requested the reason for discharge be deleted from his DD Form 214. 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 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.

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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