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NAVY | DRB | 2001_Navy | ND01-01135
Original file (ND01-01135.rtf) Auto-classification: Denied


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

ex-MSSA, USN
Docket No. ND01-01135

Applicant’s Request
The application for discharge review, received 010828, requested that the reason for the discharge be changed. "I have no physical/mental condition - personality disorder". 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 020419. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no inequity but found the reason for discharge improperly assigned. The Board’s vote was unanimous that the characterization for service shall not change and unanimous that the reason for the discharge shall change to: UNDER HONORABLE CONDITIONS (GENERAL)/SECRETARY PLENARY AUTHORITY, authority: NAVMILPERSMAN, Article 3630900. The Separation Code shall change to: JFF.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. To Whom it May Concern: I R_ A. M_ after graduating in May 1988, I checked with my recruiting officer to find out if all my papers were complete for me to leave for the Navy. Upon completing my graduation exercises I found out my papers were complete and I could leave June 3, 1988 to attend boot camp. The recruiting officer failed to comply with the original buddy system, he said when we were recruited that it would require that a friend and me attend boot camp together. After boot camp we would automatics become E-2, he also promised shore duty. None of this transpired. While on leave in February 1989, I had an emergency while I was on leave my mother got very sick. I called my commanding officer, requesting a few more days off. Upon returning to the ship, I was placed on restriction by my commanding officer. After having several conversations with my commanding officer, I was sent to C.C.U. While in the C.C.U. unit, on that weekend I was placed in a psychiatric ward. A psychiatrist checked me out, after the weekend stay, I returned to my ship. Upon returning I had a conversations with my X.O. about me being discharged. During one of our conversation he made a statement that he would make sure I never get a government job. After talking to my X.O. I had a meeting with my Captain. After talking with my captain, I was granted my discharge. The Yemen stated to me that, the X.O. stated to him he was to write Personality Disorder on my discharge papers. Upon my discharged, I went to the V.A. hospital in Kansas City, MO to talk to a psychiatrist and was given a complete check up. There was never another appointment set up after that. I am unable to get a good job because of my discharge. However I was employed with the U.S. Post Office for approximately three days, while in training I was released from my duties, stating there was something wrong with my application. When I took the test I scored approximately 82 percent plus the 5 percent military giving me a total of 87 percent which would have qualified me for the position that I was training for. After releasing me from my training that stated they would contact me, I tried on several occasions' to reach them but they never got back in touch with me. I believe because of my personality disorder statement on my discharge papers caused me not to quality for the job. Thank you: R_ A. M_ (Applicant)

2. The Navy’s reason for discharge- personality disorder- is an error and keeps costing me good jobs.


Documentation
In the NDRB's acknowledgement to the applicant, it was suggested that he provide post-service documentation. Applicant did not respond. Accordingly, only the applicant's
 service and medical records were reviewed. The applicant did provide:
Copy of DD Form 214

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: 880120               Date of Discharge: 890703

 Length of Service (years, months, days):

         Active: 01 01 02
         Inactive: 00 04 12

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 28

 Highest Rate: MSSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.3 (2)     Behavior: 2.3 (2)                 OTA: 2.8

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 10

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

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

880602:  Commenced 36 months active duty under the Active Mariner Program.

 890505:  NJP for violation of UCMJ, Article 92: failure to obey an order or regulation.
         Award: Restriction for 15 days. No indication of appeal in the record.

890508:  Retention Warning: Advised of deficiency (convicted at CO's NJP for violations of the UCMJ, Article 92 - failed to obey an order or regulation), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
890619:  NJP for violation of UCMJ, Article 86: unauthorized absence.
         Award: 30 days correctional custody. No indication of appeal in the record.
890623:  Psychiatry Clinic: Applicant diagnosed with (1) Personality Disorder Not Otherwise Specified with dependent and passive-aggressive traits; (2) Episodic alcohol abuse, inactive; (3) Marijuana abuse, by history. Condition Good - he is not psychotic, suicidal or homicidal. Recommendation: This young man is not motivated for service. No amount of hospitalization or therapy can create motivation. A Admin separation IAW MILPERSCOMINSTR 3620200, convenience of the government, for unsuitability is recommended. He will not likely benefit from CCU. Recommend return to his command.
890628:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of longstanding personality disorder with dependent and passive-aggressive trait features which is of such a severity to render you incapable of adequately serving in the Navy.

890628:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights. Member did not object to separation.
890705:  CO, USS TRUXTUN (CGN 35) directed the applicant's discharge general (under honorable conditions) by reason of convenience of the government on the basis of a personality disorder in accordance with NAVMILPERSMAN, Article 3620200.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 890703 under honorable conditions (general) 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 reason for discharge was improperly assigned and the characterization equitable (D and E).

Issues 1 and 2. The applicant’s issues state he is unable to obtain good jobs because of the reason for discharge recorded on his DD 214. The Board determined that the reason for discharge was improperly assigned. The Board determined that the applicant was diagnosed with a personality disorder but he was not diagnosed to be suicidal or homicidal. In accordance with Navy regulations, if a service member is not found to be a danger to himself or others, a counseling/discharge warning is required. The applicant was not afforded a counseling and discharge warning for his personality disorder with an opportunity to correct his deficiency. Accordingly, the reason for discharge was improperly assigned. Relief is warranted.

The Board determined that the characterization of discharge, Under Honorable Conditions (General), was appropriately assigned. The record shows the applicant was found guilty at NJP on two separate occasions for violations of the UCMJ.

 The applicant is eligible for a personal appearance hearing provided an application is received at the NDRB within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 6, effective
11 Jan 89 until 13 Dec 89, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.
B . NAVOP 013/87 (CNO 201614ZFEB87) Delegated authority to Special Court-Martial Convening Authorities (SPCMCA's) to administratively separate enlisted members in certain circumstances. Authority was delegated for separation of enlisted members with Honorable, General, or Entry Level discharges for the following reasons where member does not object to the separation.
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

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