Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-01015
Original file (ND01-01015.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND01-01015

Applicant’s Request
The application for discharge review, received 010802, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to "difficulty adapting to military life". 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 020307. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety in the characterization of the applicant’s service. The Board’s vote was unanimous that the characterization of discharge shall not change but the reason for discharge shall change. The discharge shall change to: UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/ SECRETARIAL AUTHORITY, authority: NAVMILPERSMAN, Article 3630900, and separation code: JFF.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My discharge was unfair and unreasonable because I was informed prior to separation that I would be eligible to re-enlist after six months.

2. I do not believe that my behavior in basic training was grounds enough for me to deserve an RE-4 code that permanently bars me from military service.

3. It is unfair to say that I have a personality disorder simply because of my behavior. I was very young then, and young people make rash decisions.

4. I request that my discharge be upgraded so I can re-enlist in the Armed Forces and serve my country. I'm older now and more mature and I know what I want, a career in the military.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's ltr to the Board dtd 8/16/01

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 951228               Date of Discharge: 960223

 Length of Service (years, months, days):

         Active: 00 01 26
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 11                        AFQT: 61

 Highest Rate: AR

 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 in service record

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

UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

960214:  Clinical Psychologist: 19 year old, single, Caucasian male was referred to REU on 23 Feb 96 as a result of apparent problems with learning. Recruit noted that he had difficulty learning new tasks at RTC, that he was motivated to complete training, and that he was also depressed. He attributed his depression to training stress and the demands to learn new information. He also noted feeling increasingly tense and agitated. He was not sleeping well and was crying at night. Recruit was previously evaluated at REU on three occasions. He was returned to training for trials of duty. Recruit's clinical history was significant for alleged developmental problems, including poor academic achievement, relational problems with peers and teachers, oppositionality, school suspensions, and learning problems with Special Education intervention in grades 1 to 3……..Recruit's mother may have been diagnosed and treated for a thought disorder and depression, while alcoholism was present in paternal side of family…………Since arriving on active duty on 28 Dec 95, SR (Applicant) claims to have had an inability to adapt to the routine rigors of basic training, experienced extreme difficulty learning new tasks, developed depression with sleep and appetite disturbance, and experienced increasing frustration and agitation. Recruit Division Commander and Ships Officer Evaluation document poor performance.
         Assessment: AXIS I - 309.0 Adjustment Disorder with Depressed Mood
                                    315.9 Learning Disorder NOS
         AXIS II - V71.09 No Diagnosis
         Plan & Recommendation: 1 - Entry level separation be effected because of the anxiety disorder and learning disorder diagnoses with fraudulent enlistment. 2 - Mbr was counseled and educated as to his condition to date. 3 - Mbr was strongly encouraged to seek treatment for his condition upon separation.
960214:  Recruit Eval Unit: Strongly recommended "Entry level separation" be effected because of the Adjustment Disorder and Learning Disorder diagnoses.

960215:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government due to Adjustment/Learning Disorder.
960215:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
96022x:  CO, RTC, NTC, Great Lakes, IL directed the applicant's entry level separation by reason of convenience of the government due to adjustment/learning disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960223 with an entry level separation for convenience of the government on the basis of a diagnosis of adjustment/learning disorder. (A and B). The Board presumed regularity in the conduct of governmental affairs (C). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the narrative reason for separation was improperly assigned (D and E), but the characterization of discharge was proper.

Issues 1, 2 and 4. 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. Additionally, a less than fully honorable discharge and/or an unfavorable “RE” code are not a bar to reenlistment. A request for waiver can normally be accomplished during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.

Issue 3. The applicant was diagnosed with an adjustment disorder by an authorized medical authority and not a personality disorder. The Board determined that an adjustment disorder diagnosis does not equate to a personality disorder and the applicant is entitled to relief. The Board determined that the narrative reason shall change to: “SECRETARIAL AUTHORITY", Authority MILPERSMAN 3630900.” Additionally, the separation code shall be changed to: JFF. Relief is granted on this issue. However, by regulation, members discharged within the first 180 days of enlistment are given characterization of service as "UNCHARACTERIZED (Entry Level Separation)" unless there were unusual circumstances regarding performance or conduct which would merit an "honorable" characterization. Applicant's service record did not contain any unusual circumstances during the less than 2 months while serving in the military to warrant a change of discharge to "honorable". The Board could discern no impropriety or inequity in the processing or characterization of the applicant's discharge. Relief denied.

 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 9, effective 22 Jul 94 until 23 Jun 96, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 2 Oct 96, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT ON THE BASIS OF PERSONALITY DISORDER.

C. 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.

D. 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.

E. 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 | ND02-00762

    Original file (ND02-00762.rtf) Auto-classification: Denied

    SR arrived at RTC on March 15, 1999 and was referred because SR stated that he was depressed and appeared unmotivated. SR is suitable to report to Separations Division.990401: Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible as General (Under Honorable Conditions) by reason of convenience of the Government due to physical or mental conditions as evidenced by a depressive disorder under MILPERMSAN...

  • NAVY | DRB | 2000_Navy | ND00-00832

    Original file (ND00-00832.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 961210 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. The Board therefore voted unanimously to change the reason for discharge to Navy Secretarial Authority and the characterization to HONORABLE. PART IV - INFORMATION...

  • NAVY | DRB | 2000_Navy | ND00-00156

    Original file (ND00-00156.rtf) Auto-classification: Denied

    My service record will reflect much involvement within my unit. 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), but that the DD214 incorrectly listed the reason for discharge as Personality Disorder.The applicant states in issue 1 that his “ The applicant was properly and equitably discharged for erroneous enlistment based on the fact that he would not have...

  • NAVY | DRB | 2000_Navy | ND00-00077

    Original file (ND00-00077.rtf) Auto-classification: Denied

    ND00-00077 Applicant’s Request The application for discharge review, received 991021, requested that the characterization of service on the discharge be changed to Honorable and the reason for discharge be changed to medical condition. No know medical or psychiatric reason for this service member not to be declared fit for full duty world wide as long as command accepts his reading difficulty as noted above.990720: Psychiatry ER: Impression: 1) Adjustment disorder with depressed mood, 2) v...

  • NAVY | DRB | 2001_Navy | ND01-00646

    Original file (ND01-00646.rtf) Auto-classification: Denied

    I was discharged in 92 for sleepwalking. I know that if you sleepwalk you will be discharged from the Navy. Documentation Only the service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider.

  • NAVY | DRB | 2002_Navy | ND02-01230

    Original file (ND02-01230.rtf) Auto-classification: Denied

    Therefore, the discharge should be changed to “general/Under Honorable Conditions” as the discharge was related to a medical condition.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 the evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current Entry Level Separation to that of General, Under...

  • 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 | 2000_Navy | ND00-00042

    Original file (ND00-00042.rtf) Auto-classification: Denied

    ND00-00042 Applicant’s Request The application for discharge review, received 991014, requested that the reason for the discharge be changed to Secretarial Authority. Member did not object to the separation.930715: CO, RTC, Great Lakes directed the applicant's discharge with an Entry Level Separation by reason of Convenience of the government on the basis of a Personality Disorder in accordance with NAVMILPERSMAN, Article 3620200. After a thorough review of the records, supporting...

  • NAVY | DRB | 2003_Navy | ND03-01368

    Original file (ND03-01368.rtf) Auto-classification: Denied

    ND03-01368 Applicant’s Request The application for discharge review was received on 20030815. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Commanding Officer recommended separation by reason of fraudulent enlistment and convenience of the government due to a diagnosed personality disorder.

  • NAVY | DRB | 1999_Navy | ND99-00946

    Original file (ND99-00946.rtf) Auto-classification: Denied

    980413: Applicant notified of intended recommendation for discharge by reason of entry level performance and conduct - failure to adapt to the Military environment. 980715: CO, FLEASWTRACEN, San Diego advised BUPERS that applicant was discharged on 13 March 1998 [DD 214 states discharge date of 15 Apr 98] with an uncharacterized discharge by reason of entry level performance and conduct - failure to adapt to the military environment. The applicant’s discharge shall change to General Under...