Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-01068
Original file (ND01-01068.rtf) Auto-classification: Denied

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

ex-HM3, USN
Docket No. ND01-01068

Applicant’s Request
The application for discharge review, received 010813, requested that the reason for the discharge be changed to "Administrative Discharge". 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 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 reason for discharge shall not change. The discharge shall remain: HONORABLE/ PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. Respectfully request this change (reason for discharge) because the DD Form 214 is a record of public knowledge and my DD 214 contains "Personality Disorder" as the reason for discharge. "Personality Disorder" is a medical diagnosis and listing it is a breach of confidentiality. I appreciate the board taking time to review this application. Sincerely,

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
DD Form 149

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     920622 - 839614  COG

 Period of Service Under Review :
Date of Enlistment: 930615               Date of Discharge: 960402
Length of Service (years, months, days):

         Active: 02 09 18
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 59

 Highest Rate: HM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                           Behavior: NOB             OTA: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

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

HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

951228:  Applicant admitted to 3S Mental Health unit. Admission diagnosis: 1. Overdose, 2. Observation for suspected mental condition.
960104:  Applicant diagnosed with Axis I: Occupational problems, Axis II: Personality disorder not otherwise specified with dependent and immature features, Axis III: Overdose - resolved/medically cleared. 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.

960308:  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 your suicide attempt on 28 December 1995.
960308:  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.
960311:  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.

960314:  Drug and Alcohol Abuse Report: Drug (other) abuse, abuse denied. Medical examination 951229. CAAC recommended Level I. Physician found applicant not dependent and recommended Level II treatment. Commanding officer recommended Level I.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960402 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 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 discharge was proper and equitable (D and E).

 The applicant’s issue states: “Respectfully request this change (reason for discharge) because the DD Form 214 is a record of public knowledge and my DD 214 contains "Personality Disorder" as the reason for discharge. "Personality Disorder" is a medical diagnosis and listing it is a breach of confidentiality. I appreciate the board taking time to review this application.” 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 a documented 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.

The Board did not find a break in confidentiality in the assignment of “Personality Disorder” in block 28, Narrative Reason for Separation, of the DD Form 214 since it is the grounds for separation contained in the MILPERSMAN. Relief is not warranted.

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 | 2003_Navy | ND03-00604

    Original file (ND03-00604.rtf) Auto-classification: Denied

    The applicant does not deny that she was suffering from a personality disorder at the time of her discharge from naval service. The applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates she was separated for “Other Physical/Mental Conditions – Personality Disorder. The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.

  • NAVY | DRB | 2000_Navy | ND00-00848

    Original file (ND00-00848.rtf) Auto-classification: Denied

    The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN None Inactive: USNR (DEP) 900130 - 910728 COG Period of Service Under Review :Date of...

  • NAVY | DRB | 2000_Navy | ND00-00131

    Original file (ND00-00131.rtf) Auto-classification: Denied

    The issues that I have are the reasons why I was discharged I was told on board the U.S.S. Princeton that I could not have a leave of absents my reasons for this is because my mother was having a very hard time dealing with my sister being with child not even out of school and with no father and she was also in ill health it was a strain one her and she look up to me as her son and someone to talk to and lean on if times of need I talked to my SR personnel and chaplain and was told with out...

  • NAVY | DRB | 2002_Navy | ND02-00055

    Original file (ND02-00055.rtf) Auto-classification: Denied

    ND02-00055 Applicant’s Request The application for discharge review, received 010925, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to hardship. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Applicant's letter to the Board dtd Sep 18, 2001 Westchester Community College Transcript PART II - SUMMARY OF SERVICE Prior Service...

  • NAVY | DRB | 1999_Navy | ND99-00706

    Original file (ND99-00706.rtf) Auto-classification: Denied

    After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).In response to applicant’s issue 1, the diagnosis by a competent military medical authority did qualify the applicant for discharge by reason of convenience of the government on the basis of a personality disorder. The only exception is in cases, such as the applicant’s, where the military medical authority has evaluated the member as...

  • NAVY | DRB | 2002_Navy | ND02-00553

    Original file (ND02-00553.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-SA, USN Docket No. This member (Applicant) is deemed fit for return to duty for immediate processing for administrative separation.890327: 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...

  • NAVY | DRB | 1999_Navy | ND99-00451

    Original file (ND99-00451.rtf) Auto-classification: Denied

    4 - patient is judged sane, able to tell right from wrong and to adhere to the right, and to assist capably and adequately in his own defense.960614: Applicant notified of intended recommendation for discharge, type warranted by service record, or the least favorable characterization of general (under honorable conditions) by reason of convenience of the government due to personality disorder as evidenced by diagnosis by competent military medical authority which concluded that the medical...

  • NAVY | DRB | 2003_Navy | ND03-01441

    Original file (ND03-01441.rtf) Auto-classification: Denied

    The Applicant requests the reason for the discharge be changed to “honorable with medical conditions.” The Applicant requests a documentary record discharge review. The Applicant was diagnosed with a personality disorder and bulimia nervosa by competent medical authority. The summary of service clearly documents that personality disorder was the reason the applicant was discharged.

  • NAVY | DRB | 2000_Navy | ND00-00363

    Original file (ND00-00363.rtf) Auto-classification: Denied

    ND00-00363 Applicant’s Request The application for discharge review, received 000201, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Secretarial Authority. ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.931207: Medical officer statement: Applicant diagnosed with Axis I: Adjustment disorder with mixed emotional...

  • NAVY | DRB | 2003_Navy | ND03-01452

    Original file (ND03-01452.rtf) Auto-classification: Denied

    “VETERAN REQUESTS CHANGE OF NARRATIVE REASON FOR DISCHARGE BASED ON THE FOLLOWING: VETERAN WAS SERVING ON A DECOMMISSIONED SHIP AND WAS ON "EARLY OUT" STATUS. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19931001 with an honorable discharge 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 -...