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NAVY | DRB | 2002_Navy | ND02-00279
Original file (ND02-00279.rtf) Auto-classification: Denied


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

ex-AN, USNR
Docket No. ND02-00279

Applicant’s Request
The application for discharge review, received 020123, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. 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: UNCHARACTERIZED/ PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. The issue that I have is I am currently in the hiring process with another police department. One of their requirements is to have an honorable or under honorable conditions discharge, if served in the military. The are ready to hire me, but because of my situation that occurred in the military, they are not allowing me to go any further in the process. This is not the first time this has happened. I had no control on what to place to me in the military, yet I am being punished for what happened. I am only requesting that my discharge to be at least changed to under honorable conditions.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of applicant's DD Form 214
Statement from applicant dated October 25, 1995
Statement from doctor dated October 18, 1999
Character reference, undated
Character reference dated November 14, 2001
Character reference dated December 3, 2001

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: 950120               Date of Discharge: 951004

 Length of Service (years, months, days):

         Active: 00 04 12
         Inactive: 00 04 02

 Age at Entry: 22                          Years Contracted: 8

 Education Level: 13                        AFQT: 31

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                           Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

950523:  Applicant to active duty for 4 years under the TAR program.
950908:  Outpatient Psychiatric Evaluation: Applicant diagnosed with an adjustment disorder as evidenced by failure to adapt to the military environment. The psychiatrist recommended separation based on an adjustment 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.

950914:  Outpatient Psychiatric Evaluation: Applicant diagnosed with a severe 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. Applicant was considered self-destructive and a continuing risk of harm to self or others.

950914:  Retention Warning: Advised of deficiency (Diagnosed by medical authorities as having an adjustment disorder as evidenced by your failure to adapt to the military environment.) notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
950920:  Applicant notified of intended recommendation for an entry level separation or a 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.
950920:  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.
951004:  Commanding Officer directed discharge uncharacterized 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): Airman (AN) (applicant) was initially diagnosed by medical authorities as having an adjustment disorder and received a page13 counseling/warning on 14 September 1995. He was re-evaluated by medical authorities on 14 September 1995 and determined to have a severe personality disorder which is virtually untreatable in a military facility. His potential for future useful service in the United States Navy is minimal. He represents a continuing suicide risk and a risk to the welfare of his shipmates. Medical authorities strongly recommend that he be administratively separated immediately. In my opinion he has no potential for future active naval service; therefore, I have directed that he be discharged by reason of Convenience of the Government.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 951014, uncharacterized 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).

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. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge as proper and equitable. By regulation, members discharged within the first 180 days of continuous active duty are given the characterization of service as “Entry Level Separation” or “Uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “Honorable” characterization. The Applicant’s service record did not contain any unusual circumstances during his less than 5 months on active duty to warrant a change of discharge to “Honorable.” The uncharacterized nature of the applicant’s discharge is not adverse or punitive. This description exists to describe the service of individuals separated before they demonstrate the character of their service, honorable or otherwise. As the Applicant did not complete the minimum length of service to make him eligible for honorable characterization, due to his personality disorder, relief is denied.

Issue 2: While on active duty, the Applicant was diagnosed by qualified medical authority as possessing an Adjustment Disorder as evidenced by failure to adapt to the military environment, proper medical authority recommended separation based on a personality disorder. The Applicant does not deny he had emotional difficulties adjusting to the military. In fact, he provided documentation from a civilian physician documenting treatment for his Adjustment Disorder after separation. 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, furthermore, in cases where the military medical authority has evaluated the member as being self-destructive and/or a continuing danger to himself and others, immediate processing for administrative separation may be initiated. This does not imply automatic approval of the discharge request, only expeditious consideration.
“Personality Disorder” is an accurate narrative description of the reason for the Applicant’s discharge. The Applicant’s contention that “the Personality Disorder entered on his DD214 did not meet the criteria in accordance with the Diagnostic and Statistical Manual of Mental Disorders, MSMIV,” reflects a misunderstanding of the definition of a personality disorder, and use of the Diagnostic and Statistical Manual of Mental Disorders, (DSM-IV), Multiaxial Assessment System. The issue is without merit. Relief denied.

Issue 3: 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 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

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