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NAVY | DRB | 2001_Navy | ND01-00794
Original file (ND01-00794.rtf) Auto-classification: Denied


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

ex-PCSN, USN
Docket No. ND01-00794

Applicant’s Request
The application for discharge review, received 010524, requested that the reason for the discharge be changed to either change Personality Disorder or be compensated & RE4 to RE1. The applicant requested a personal appearance discharge review. The applicant listed the Disabled American Veterans as the representative on the DD Form 293. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020307. 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 narrative reason of 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'm asking for the Personality Disorder and the RE-4 to be changed because, I was not fully at fault. I was entitled to allot of things (4,000$ and the right to chose order, also a one year tour of DIEGO Garcia ONLY) my previous 1994 DD 214 form was not correct and I was the one to have to suffer of this miscalculation. I entered the military for MGIB and signing Bonus of $4,000 and received none of the above. I was under the assumption and was told at maps to go to PSD to collect my bonus of $4,000 and to start my withdraw for the Montgomery GI. Bill. As of Sept of 1999 I was in DIEGO Garcia and was told by PSD workers, I was not entitled to anything under the contract that I had signed and was not receiving $4,000 or the MGIB. At that time I was confused and had no contract. (Legally) My detailer for orders was pressuring me to take order or he would give me what he wanted me to have or have to serve another 8 months In DIEGO Garcia (Isolated Duty) While explaining this problem to my pregnant wife I got no help or explanations from Admin or PSD. After 6 months of confusions and Day-to-Day stress there was still none to help me with my Contract. Honor, Courage and Commitment is the slogan but I had no help with a NAVY Admin mistake and so the NAVY decided at the Convenient to Release me under an Admin Separation When I had evals of 3.0 and Chief S_ D_ will back me Here is my DD214 Form (who ever is looking at this calculate the time please!!) This Personality Disorder on my DD214 is stopping me from getting a Good Job

 Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION." None were found.
2. Dear Chairpersons:

After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review. We ask for the board’s careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant. Respectfully, Mr. (applicant) request the narrative on his Honorable discharge is changed from Personality Disorder to Conveyance of the Government. As to Mr. (applicant's) request for RE Code change, we request that the Discharge Review Board refer to the appellate for completion of the DD149 and refer to Naval Board of Corrections. In regards to the change of narrative, we note on the Commanding Officers letter to the Commander, Naval Personnel Command dated 21 August 2000, it states that the discharge is for the Conveyance of the Government. We recommend that this be followed and the change be made.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of applicant's DD Form 214 (current enlistment)
Copy of applicant's DD Form 214 (previous enlistment)
Copy of physical examination dated January 31, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR            930924 - 931025  COG
         Active: USN                        931026 - 940425  ELS
Inactive: USNR (DEP)     990430 - 990512  COG
         
Period of Service Under Review :
Date of Enlistment: 990513               Date of Discharge: 000823

 Length of Service (years, months, days):

         Active: 01 03 11
         Inactive: None

 Age at Entry: 24                          Years Contracted: 4

 Education Level: 12                        AFQT: 42

 Highest Rate: PCSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    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):

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

 Chronological Listing of Significant Service Events :

000721:  Applicant diagnosed with adjustment disorder with depressed mood, personality disorder NOS (with antisocial, narcissistic, and passive-aggressive traits. 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.

000802:  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.
000802:          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.
000821:  Commanding officer recommended 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): By enclosures (1) and (2), PCSA (applicant) was processed for administrative separation by U.S. Naval Facility, Diego Garcia and was transferred to this command for separation. His parent command did not prepare the required letter of transmittal authorizing separation of PCSA (applicant). In order to clear PCSA (applicant) from the transient pipeline, he was separated from the Naval Service with an Honorable Discharge by reason of convenience of the government due to personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000823 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).

Issues 1 and 2. Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. The Board does not consider the circumstances surrounding the applicant’s stated condition and implied incorrect diagnosis to be of sufficient nature to warrant an upgrade to his characterization of service. While he may feel that his frustration over his enlistment contract and benefits was a factor that contributed to his actions, the record clearly reflects his diagnosis with a personality disorder by competent medical authority and demonstrated that he was unfit for further service. No other narrative reason for separation more clearly describes the conditions surrounding his discharge. The DD 214 correctly states the narrative reason as Personality Disorder. Relief denied.

The applicant’s discharge accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. The applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective
27 March 2000 until 13 Aug 2001, 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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