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NAVY | DRB | 2002_Navy | ND02-00911
Original file (ND02-00911.rtf) Auto-classification: Denied


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

ex-EM3, USN
Docket No. ND02-00911

Applicant’s Request
The application for discharge review, received 020612, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance discharge review before a traveling panel closest to Newark, New Jersey or Jersey City, NJ. The Applicant listed the Military Order of Purple Heart as the representative on the DD Form 293. In the acknowledgement letter to the Applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington, D.C. area. The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030311. 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 three to two that the character and narrative reason of the discharge shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. To Whom It May Concern:

After several conversations with Mr. (Applicant), and a review of the limited documents in his possession concerning his discharge, some very important questions must be raised in support of a review of discharge in this case.

First, I would like to inquire as to what type of psychological evaluation was done to establish a definitive diagnosis of personality disorder. Mr. (Applicant), has no records concerning this very important clinical evaluation. This young man deserves to understand how this evaluation was arrived at, and whether it is a fair assessment of the true nature of his problem.

Many young men in the military are told (sometimes advised) to sign documents without completely understanding what they are signing. The military doctrine of following instructions without questions can overwhelm the average enlisted individual, but can have an ever greater impact for someone that doesn't completely understand English or their rights.

This young man's future can be effected seriously by the stigma of a personality disorder discharge, especially in the absence of a neurosis or psychosis. These determinations are hopefully determined by a qualified medical person and not by some administrative source. The absence of these specific records and the, young man's lack of knowledge of this type evaluation has to raise questions of due process.

We would hope that you would consider the request for an upgrade of Mr. (Applicants) discharge and afford him the opportunity of fairness and reconsideration. This young man wanted to stay in the military, but found himself out of service and not understanding the process that lead to his discharge.

In the spirit of equity and good conscience, please favorable and fairly consider this request.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214
Four pages from Applicant's service record
Psychological Evaluation dated July 3, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     980930 - 990329  ELS
 USNR (DEP)      990607 - 990615  COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 990616               Date of Discharge: 010806

 Length of Service (years, months, days):

         Active: 02 01 21
         Inactive: None

 Age at Entry: 31                          Years Contracted: 4

 Education Level: 14                        AFQT: 78

 Highest Rate: EM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (4)    Behavior: 3.25 (4)                OTA: 3.12

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, AFEM

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

 Chronological Listing of Significant Service Events :

010216:  Mental Health Evaluation:
Diagnosis:
Axis I: Adjustment disorder with anxiety and depressed mood
 Partner relational problem
Occupational problem
R/O social phobia
R/O panic disorder
 Axis II: Avoidant personality features.
010302:  Mental Health Note:
 Diagnostic Impression:
Axis I: Adjustment disorder with mixed anxiety and depressed mood
 Partner relational problem
Occupational problem
R/O social phobia
 Axis II: Personality disorder NOS with borderline features (by history)
 Avoidant personality features.
010319:  Applicant diagnosed with a personality disorder NOS with borderline and dependent features, EPTE. 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.

010518:  Applicant diagnosed with an adjustment disorder with mixed anxiety and depressed mood, personality disorder with borderline and dependent features, EPTE, occupational problems, problems with primary support group, problems related to the social environment. 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.

010521:  Applicant discharged from Naval Hospital Jacksonville after three day
inpatient care. Diagnosed with an adjustment disorder with mixed anxiety and personality disorder with borderline and avoidant traits. Doctor stated Applicant may become dangerous to himself or others in the future. Concur with plan for expeditious administrative separation.
010705:  Applicant notified of intended recommendation for discharge under honorable conditions (general) 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.
010705:  Applicant advised of 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.
010719:  Memorandum from Commanding Officer to Personnel Office directing the office to initiate a DD 214 for Applicant who is being administratively processed for convenience of the government due to a personality disorder. The characterization of service shall be Honorable.

010916:  Commanding Officer directed discharge under honorable conditions (general) 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 010806 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). 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 does not consider the circumstances surrounding the Applicant’s stated condition and implied incorrect diagnosis to be of sufficient nature to warrant an upgrade to his characterization of service. The Applicant was diagnosed with a personality disorder by a competent medical authority on four occasions. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. The Board found that the Applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that his lack of command of the English language was a factor that contributed to his actions, the record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. Relief not warranted.

The Applicant is reminded that he 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 27, effective
27 March 2000 until 13 Aug 2001, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s).

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 “ 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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