Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-00274
Original file (ND02-00274.rtf) Auto-classification: Denied


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

ex-ET2, USN
Docket No. ND02-00274

Applicant’s Request
The application for discharge review, received 020116, requested that the reason for the discharge be changed to conscientious objector or other. 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 020815. 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 character of the discharge shall not change. The discharge shall remain: HONORABLE/ PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620225.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. Having served honorably, and being of the impression that the information on my DD214 is only of interest and use to the Department of Defense and the Department of Veteran's Affairs, I would like my reason for discharge changed. I would like it to reflect something that will not give civilian employers reason for concern. As things stand, at any time, an employer can ask you to sign a blanket release form giving them permission to research basically everything about you. This can include criminal history, credit history, employment history, educational history, military records, I think even my military medical records, and anything else. It usually does include everything, and you can't pick and choose what you don't want them to check. Even if you could, unwillingness to disclose anything will be regarded as suspicious. As things stand, my reason for separation is "Personality Disorder". Ever since September 11 th , 2001, but even before then, companies have been concerned about security. In the state of Michigan, an employee can be terminated at any time for any reason with no explanation needed. When people see "Personality Disorder" they are not going to know what that could mean and they may very well not want to take a chance on finding out. They may just let me go.

I do not see why my DD214 should jeopardize my ability to secure and keep civilian employment for the rest of my life. I served my country and received an Honorable discharge. I have no desire to ever work for the DoD or any other government agency. I don't mind if the DoD and VA keep that information on hand somewhere where only they will ever have access to it.

Presently I am a contract employee with R_ D_ S_ of Troy, Michigan. The address is (address deleted). I am actually working for D_ P_ E_ S_, a division of D_ A_. Ever since September 11 th , 2001, D_ Security Personnel have been conducting a review of all of their security procedures. They are intent on conducting especially exhaustive reviews of the background of all employees. Of special interest are persons who have access to computer information. In my position as site administrator for all computer systems at my location, I am sure they are going to be taking a very close look at my background, which R_ D_ S_ did not do. I am quite certain that when they see my DD214, which they will, my contract could very well come to abrupt end with no explanation. That is one reason big companies use contract employees. They can be gotten rid of without any trouble at all.

I would most prefer my reason for discharge to be changed to "Conscientious Objector" because by the time my six years were up, that is what I had become. Failing that, I would like my reason for discharge to simply say "For the convenience of the government." This might still leave some investigators unsatisfied, and they might be inclined to dig deeper. There is medical information in my military medical record from when I was a minor, which I really don't want anyone seeing. They normally wouldn't have access to that because it was from when I was under 18, but the military said they had to have it before I could join, and now I fear anyone could see it.

Also: I know the U_ of D_ - M_ Human Resources Officer obtained a copy of my DD 214 because I saw that they had it.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     901120 - 901126  COG

 Period of Service Under Review :
Date of Enlistment: 901127               Date of Discharge: 970123

 Length of Service (years, months, days):

         Active: 06 01 27
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4 (24 months extension)

 Education Level: 15                        AFQT: 97

 Highest Rate: ET2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.88 (5)    Behavior: 3.84 (5)                OTA: 3.80        4.0 evals
 Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA: 2.71        5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, NDSM, MUC

 Days of Unauthorized Absence: None

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

HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620225.

 Chronological Listing of Significant Service Events :

961120:  Medical Report, Narrative Summary: Applicant diagnosed with schizotypal personality disorder, severe, 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 himself or others.

961126:  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 service record entries.
UNDATED:         Applicant advised of rights and having consulted 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.
970130:  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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 970123 with a discharge characterization of 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).

Issue 1: The Board has no authority to change a discharge characterization for the sole purpose of enhancing employment opportunities. The Board’s charter limits its review to a determination on the propriety and equity of a discharge. The Applicant requests the narrative reason for his discharge is changed from “Personality Disorder” to “Conscientious Objector” or “for the convenience of the government.” While on active duty, the Applicant was diagnosed with Schizotypal Personality Disorder, severe. The proper medical authority stated the Applicant manifested a long-standing disorder of character and behavior of such severity as to interfere with his serving adequately in the Navy. The Applicant was recommended for an administrative separation based upon this diagnosis. Thus, the Board finds the reason for discharge “Personality Disorder” accurately reflects the Applicant’s mental health at the time of his discharge, and was proper and equitable at time of issuance. The mere presence of a personality disorder is not a bar to serving in the Navy. However, service members may be separated for personality disorders provided a medical diagnosis is made by competent military medical authority which concludes that the member's disorder is of such severity as to render the member incapable of serving adequately in the Naval Service; the military medical authority has evaluated the member as being self-destructive and/or a continuing danger to himself and others. In these cases, immediate processing for administrative separation may be initiated. This does not imply automatic approval of the discharge request, only expeditious consideration. The Board could discern no impropriety or inequity in the Applicant’s discharge and therefore considered the Applicant’s discharge as proper and equitable. Therefore, relief on this issue is not warranted.

 Issue 2: The Applicant’s discharge characterization 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, or in this case perceived unfavorable discharge may be changed based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. Relief denied.

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


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 1996 until 11 Dec 97, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER.

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      

Similar Decisions

  • NAVY | DRB | 2003_Navy | ND03-00452

    Original file (ND03-00452.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. I think you will find that up until a personal blow from personal family matters that my military service was exemplary. A review of the Applicant’s records indicated an honorable discharge was warranted.

  • NAVY | DRB | 2001_Navy | ND01-00794

    Original file (ND01-00794.rtf) Auto-classification: Denied

    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. 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. After a thorough review of the records, supporting documents, facts, and...

  • NAVY | DRB | 2002_Navy | ND02-00493

    Original file (ND02-00493.rtf) Auto-classification: Denied

    Block 28 on DD 214 reflects separation due to "Personality Disorder." I don't or never have had a personality disorder. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of Applicant's DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 970331 - 970822 ELS USNR (DEP) 990521 - 990607 COG Period of Service Under Review...

  • NAVY | DRB | 2004_Navy | ND04-00428

    Original file (ND04-00428.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a documentary record discharge review. The doctor who performed the psychological evaluation diagnosed me with Anxiety Disorder, Adjustment Disorder with Depressed Mood (severe), RIO Bipolar Disorder, and Obsessive-Compulsive Disorder, along with say that I have work and relationship stress.

  • NAVY | DRB | 2002_Navy | ND02-00693

    Original file (ND02-00693.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 010405 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. Furthermore, it was determined that the Applicant’s personality disorder existed prior to the Applicant entering the service and that the Applicant might become a threat to...

  • NAVY | DRB | 2003_Navy | ND03-00651

    Original file (ND03-00651.rtf) Auto-classification: Denied

    ND03-00651 Applicant’s Request The application for discharge review was received on 20030304. My pre-service civilian conviction, properly listed on my enlistment documents, was also used in the discharge proceedings.I am requesting reinstatement and an upgrade of my discharge for the following reasons:• Misdiagnosed as having a personality disorder. DSM IV Diagnosis: Axis I: 296.24, Major Depressive Disorder, Single Episode, Severe with Psychotic Features, EPTE Axis II: 301.6, Dependent...

  • NAVY | DRB | 2001_Navy | ND01-00916

    Original file (ND01-00916.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 970812 with an 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. 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...

  • NAVY | DRB | 2003_Navy | ND03-01443

    Original file (ND03-01443.rtf) Auto-classification: Denied

    My DD-214 says my reason for discharge is for a personality disorder. 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. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

  • NAVY | DRB | 2003_Navy | ND03-00356

    Original file (ND03-00356.rtf) Auto-classification: Denied

    ND03-00356 Applicant’s Request The application for discharge review was received on 20021231. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant's DD Form 214, indicates she was separated with a characterization of general (under honorable) conditions for a Personality Disorder.

  • NAVY | DRB | 2003_Navy | ND03-01066

    Original file (ND03-01066.rtf) Auto-classification: Denied

    psychiatrist recommended separation based on a personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. The applicant does not deny that he was suffering from a personality disorder at the time of his discharge from the naval service. Due to the “isolated incident” he was diagnosed by qualified medical officers as possessing a long-standing disorder of character and behavior of such severity as to interfere with serving...