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NAVY | DRB | 2002_Navy | ND02-00553
Original file (ND02-00553.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND02-00553

Applicant’s Request
The application for discharge review, received 020318, requested that the characterization of service on the discharge be changed to honorable. 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 021217. 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: UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. Please consider changing my discharge (general under hon. Conditions) to Honorable. In the time I have been a civilian, since my separation, I have completed an undergraduate (B.S.) degree from Southern Oregon State College; held several high stress & high responsibility jobs (and never been fired & never quit without a minimum of two weeks notice); and am currently married, this is my first marriage, and I have been married for approximately one year. I hope that you will agree that the above are all signs of a normal well rounded individual, someone without any personality disorders.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of degree of Bachelor of Science in History
Copy of record of marriage dated February 23, 2001
Copy of Applicant's DD Form 214 (Member 1)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     880418 - 880901  COG

 Period of Service Under Review :
Date of Enlistment: 880902               Date of Discharge: 890412

 Length of Service (years, months, days):

         Active: 00 07 11
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 74

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: 2.8             OTA: 2.8

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

 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 :

890224:  Naval Hospital San Diego, Psychiatry Clinic Consultation Report. Medical Officer noted that the patient (Applicant) stated he “ wanted out of the Navy, treated like a kid, dislikes lack of privacy, misses home, especially parents/sister, owes 6 years, does n’ t think he will ever like the Navy, concerned that he will kill himself if forced to remain in the USN. ”
Medical Officer Impression: Axis I: Occupational Problem; Axis II: Personality Disorder NOS with Dependent Traits; Axis III: No Diagnosis; Axis IV: Moderate Stressors; Axis V: Global Function 55/70 maximum in past year. Recommendation: The member (Applicant) is not considered mentally ill, but manifests a longstanding disorder of behavior and character, which is of such severity as to render him (the Applicant) incapable of serving adequately in the Navy. This member (Applicant) does not presently require, and will not benefit from, hospitalization, or psychiatric treatment. Although not considered suicidal or homicidal, this member (Applicant) is judged to represent a continuing risk to self or others if retained in the naval service. 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 adequately in the naval service as evidenced by diagnosed personality disorder.
890327:  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.
890508:  Commanding Officer directed discharge with a 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. Commanding Officer’s comments (verbatim): SA (Applicant) was disenrolled from BE&E School due to a diagnosed personality disorder. He was referred to the Psychiatry Clinic, Naval Hospital, San Diego on 24 February 1989 for evaluation of suicidal ideation (enclosure (3)). The diagnosis revealed a personality disorder with dependent traits. He was determined to be a continuing risk to himself and others; therefore he was not recommended for reenlistment. SA (Applicant) was discharged from the Naval service with a General Discharge on 12 April 1989.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 890412 with a discharge characterization of 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 discharge was proper and equitable (D and E).

Issue 1: The Applicant was diagnosed with a “ Personality Disorder NOS with Dependent Traits, ” by competent medical authority at the Naval Hospital San Diego, Psychiatry Clinic and was recommended for expeditious administrative separation. Thus the Board finds that the Reason for Discharge accurately reflects the Applicant ’ s mental health status at the time of his discharge and was proper and equitable at the time of issuance. The contention that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to alter history. The discharge characterization of under honorable conditions (general) is also proper and equitable based upon the Applicant ’ s below average performance marks. Relief not warranted. 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 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 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 “ afls14.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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