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NAVY | DRB | 2002_Navy | ND02-01049
Original file (ND02-01049.rtf) Auto-classification: Denied


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

ex-AMSAA, USN
Docket No. ND02-01049

Applicant’s Request
The application for discharge review, received 020722, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized and the reason for the discharge be changed to hardship. 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 030414. 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 1910-122 (formerly 3620225).

 PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. I would like my Narrative reason for separation and my Separation code upgraded so that I may serve my country again. My experience with the military was very rewarding and at the time of my discharge I had a lot of things going wrong. At the time I was married and on the verge of a divorce. At the time I thought all that mattered was my Honorable discharge. I didn't know the codes would stop me from coming back in. So I got out with the intentions of coming home taking care of everything and going back into the military. I came home got divorced lost custody of my little girl got everything straightened out and want to go back in the military and they said I couldn't basically I lost everything and all I want know is another chance to get part of my life back. My grandfather retired from the military and leads a good life. I feel I deserve the chance to serve my country again and follow in his footsteps. All I ask for is my narrative reason for separation be changed to a hardship or better and my RE code be changed to RE-3 or better. I would love nothing better than to serve my country again to it is fullest. My first military experience was very rewarding just the circumstances weren't right that was 4 years ago and I would like another change. Thank you

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     970627 - 970821  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 970822               Date of Discharge: 980904

 Length of Service (years, months, days):

         Active: 01 00 13
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 62

 Highest Rate: AMSAA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF*            OTA: NMF*

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

[ADMIN DISCHARGE PACKAGE AND MEDICAL DOCUMENTATION CONCERNING PERSONALITY DISORDER MISSING FROM SERVICE RECORD.]
980901:  Report of Medical Assessment, health care provider comment: "admin sep - unsuitability."
980901:  Separation physical exam (SF93) noted Applicant was patient at NAS Jacksonville Hospital, Dr. N_, physiological counseling.

980904:  Applicant discharged with an "Honorable" by reason of a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 980904 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. (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).

 Regarding the Applicant’s request to change the characterization of enlistment to uncharacterized or entry level separation, by regulation, only members discharged within the first 180 days of their first enlistment can be given this kind of discharge. Since the Applicant served in excess of one year, he cannot be given an uncharacterized or entry level separation. Relief denied. The Applicant should be aware that the highest characterization of service a Sailor can receive is honorable.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. An unfavorable “RE” code is not, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Additionally, the Board has no authority to change the narrative reason of a discharge for the sole purpose of enhancing enlistment opportunities as requested in the issue. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the discharge proper and equitable. 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. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. 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 18, effective
12 Dec 97 until 31 Aug 1998, 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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