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NAVY | DRB | 2002_Navy | ND02-01192
Original file (ND02-01192.rtf) Auto-classification: Denied


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

ex-ICFN, USN
Docket No. ND02-01192

Applicant’s Request
The application for discharge review, received 020821, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030515. 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: GENERAL (UNDER HONORABLE CONDITIONS/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. My discharge re-enlistment code RE-4 was inadequately based on one Captain's Mast result of non-judicial punishment. This was the only reason I received a RE-4 code and out of 30 months of service without no further faults to conceive a RE-4. The reason for discharge was because of a Borderline Personality Disorder, which no longer exists. Since discharge I have kept a good work history and did volunteer work. I know I am ready to rejoin the military with a clear mind given the opportunity to rejoin. I now have goals set and attend to see through to reach them. Some of the accomplishments I achieved while on active duty was completing basic training, IC"A" school, 6 month cruise, and working with the White House Communications Agency in the USS COLE Broadcast.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copies of DD Form 214 (Copy #4 and Copy #1)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     990428 - 990524  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 990525               Date of Discharge: 011221

 Length of Service (years, months, days):

         Active: 02 06 27                  (Does not exclude lost time.)
         Inactive: None

 Age at Entry: 17 (Parental Consent)     

Years Contracted: 4 (12 months extension)

 Education Level: GED (Home Schooled Diploma)
AFQT: 67

 Highest Rate: ICFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, SSDR

 Days of Unauthorized Absence: 4

*No Marks Found in service record.

 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 :

000301   Applicant reported on board USS DWIGHT D. EISENHOWER (CVN-69) for duty.

000426:  Retention Warning: Advised of deficiency (disobeying lawful orders, repeated unauthorized absence, failure to keep chain of command informed of events that impact performance, disrespect toward Senior Petty Officers and inability to conduct self in military manner, failure to control emotions resulting in physical confrontations, and unauthorized use of ships telephones to make personal long distance calls), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
010613:  NJP for violation of UCMJ, Article 86 (2 Specs): Unauthorized absence, violation of UCMJ, Article 91: Failure to obey a lawful order from a superior commissioned officer.
         Award: Forfeiture of $200 per month for 2 months ($100 suspended for 6 months, restriction 14 days (7 days suspended for 6 months). No indication of appeal in the record.
011013   USS DWIGHT D. EISENHOWER (CVN-69), Medical Department entry: Psychology intake note: Applicant stated: “I can’t adjust to the Navy! I’ve tried.” Patient (Applicant) stated that since joining the military, he has not been able to adjust. He stated he dislikes the Navy and feels he is in prison. Patient (Applicant) listed stressors as: Navy schedule; uniforms, way of life and overall military structure.

011102   USS DWIGHT D. EISENHOWER (CVN-69), Medical Department entry: Pt (Applicant) referred to medical…he wants out of Navy. Psychiatric Note: Pt (Applicant) states daily thoughts of hurting himself because of desperate need to “end his Navy life.”…Pt (Applicant) is ridiculed by peers for poor military bearing. States he does not like being told what to do and being criticized for his appearance vice his performance.

011109:  Naval Medical Center, Portsmouth, VA, Psychiatry Department: Applicant had a Psychiatric evaluation in the NMCP Emergency room for suicidal ideation. He [Applicant] reported that he cut his wrist impulsively after being kicked out of the barracks. He demonstrated behaviors that were impulsive, manipulative and attention seeking consistent with a diagnosis of a Personality Disorder with Borderline Traits.
         DSM-IV, Multi-axial Assessment System:
         I. Occupational problems
 II. Personality Disorder (NOS) with Borderline Traits
III. None
IV. Kicked out of Barracks
V. 60
          Strongly recommend an expeditious administrative separation from the military on the basis of a personality disorder of such severity as to render the member incapable of serving adequately in military service as per MILPERSMAN Article 1910-122. The member is not considered mentally ill and returned to full duty. The member manifests a disorder of character that is so severe that the member's ability to function effectively in the Navy environment is significantly impaired and interferes with the member's performance of duty. Although not currently suicidal or homicidal, he is considered to be self-destructive and is a continuing danger to self or others . The member understood that separation was a command decision and was not promised by the psychiatrist. In the examiner's opinion, the member does not possess a severe mental disease or defect for purposes of R.C.M. examinations and is considered competent for his actions.
011211:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder as evidenced by psychiatric evaluation on 9 November 2001, misconduct due to a pattern of misconduct and misconduct due to commission of serious offense.
011211:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
020215:  Commanding Officer, USS DWIGHT D. EISENHOWER (CV 69), advised CNPC, Applicant was discharged on 21 December 2001 with a General (Under Honorable Conditions) by reason of convenience of the government due to a personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. Commanding Officer’s comments (verbatim): [ICFN H_ (Applicant) has been diagnosed with a personality disorder, which renders him incapable of serving adequately in the Navy environment. The psychologist has determined that although ICFN H_ (Applicant) is not suicidal or homicidal, he is considered to be self-destructive and a threat to himself or others. Based on the psychologist's recommendation and in the best interest of ICFN H_ (Applicant), I have administratively separated him with a General (Under Honorable Conditions) by reason of Convenience to the Government due to personality disorder.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 011221 with a discharge characterization of general (under honorable conditions) 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 NDRB has no authority to make recommendations to permit reenlistment, reentry, or reinstatement into the naval service or any other branch of the Armed Forces, as requested by the Applicant. Neither a less than honorable discharge nor an unfavorable “RE” code is, 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. The Applicant was assigned the Separation Code “JFX” which is used for personality disorders, not amounting to a disability, but which potentially interfere with assignment or performance of duty. This separation code warrants the RE Codes “RE-3G” or “RE-4.” The “RE-3” code means that the former service member is eligible for reenlistment except for the disqualifying factor, the “G” describes the disqualifying factor as a condition (not physical disability) interfering with performance of duty. The “RE-4” code means the former service member is not eligible for reenlistment without prior approval of the Chief of Naval Personnel. The Applicant was processed for a personality disorder, misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense. Although the Applicant was ultimately separated for his personality disorder, the “RE-4” Code is appropriate, and is generally used when the service member has a record of misconduct and is administratively separated. Relief denied.

The Applicant was diagnosed with a Personality Disorder, with Borderline Traits, by competent medical authority and was recommended for expeditious administrative separation from the Navy. Additionally, he was considered to be self-destructive and a continuing danger to himself or others. The Board determined that the Applicant’s discharge is proper and equitable as issued. The Applicant’s service is equitably characterized as general (under honorable conditions) as type warranted. A characterization of service of general (under honorable conditions) is warranted when significant negative aspects of a service member’s conduct or performance of duty outweigh the positive aspects of the service member’s military record. The Applicant’s summary of service is marred by award of non-judicial punishment (NJP) and counseling entries for his misconduct. 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. After a complete review of the record, including the evidence submitted by the Applicant, the Board determined that the Applicant’s discharge was proper and equitable. An upgrade to fully honorable would be inappropriate. Relief denied.

The following is provided for the Applicant’s information: T here 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. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. Evidence of continuing educational pursuits, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.

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 33, effective
14 Aug 2001 until 21 Aug 2002, 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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