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NAVY | DRB | 2003_Navy | ND03-00604
Original file (ND03-00604.rtf) Auto-classification: Denied


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

ex-HM3, USN
Docket No. ND03-00604

Applicant’s Request
The application for discharge review was received on 20030227. The Applicant requested that the reason for discharge be changed. The Applicant requests 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 20040128. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the reason for Applicant’s discharge was discovered by the NDRB. The Board’s vote was unanimous that the reason for the discharge shall not change. The discharge shall remain: HONORABLE /Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “Reason for Separation-other physical/mental conditions I would like to see this removed and discharge upgraded.”

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR            840809 - 841112  REPORT ACDU
         Active: USNR              841113 - 850228  HON (RELACDU)
         Inactive: USNR            850228 – 881221  HON
         Inactive: USNR(DEP)               881222 – 890131  COG

 Period of Service Under Review :
Date of Enlistment: 890201               Date of Discharge: 901108

 Length of Service (years, months, days):

         Active: 01 09 07
         Inactive: None

 Age at Entry: 27                          Years Contracted: 4

Education Level: 12                        AFQT: 46

 Highest Rate: HM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (3)    Behavior: 3.60 (3)                OTA: 3.73

 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/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

900821:  Medical evaluation by a military psychiatrist:
        
AXIS I: Adjustment Disorder with Depressed Mood-resolved
        
         AXIS II: None (Dependent Traits)

         AXIS III: None

         AXIS IV: Moderate-deployment of spouse ongoing custody battle

         AXIS V: Best functioning-good

         Recommendations: Return to parent command for full duty, psychiatrically fit for full duty.
901002:  Applicant diagnosed with personality disorder NOS with narcissistic dependent and borderline features. This member is unsuitable for further military service. Although not currently homicidal or suicidal her extreme denies not to go overseas, history of psychiatric admission 2 months ago and prior suicide attempts made her a potential risk of harm to herself and others. Although unsuitable she is medically fit and fully responsible for her action, r ecommended for Administrative Separation IAW MILPERSMAN 3620.200.

NO DISCHARGE PACKAGE AVAILABLE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19901108 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 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 reason for discharge was proper and equitable (D and E).

 Issue 1. The NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The applicant does not deny that she was suffering from a personality disorder at the time of her discharge from naval service. She was diagnosed by qualified medical officers as possessing a disorder of character and behavior of such severity as to interfere with serving adequately in the Navy. She was considered a continuing risk to do harm to herself or others. The applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates she was separated for “Other Physical/Mental Conditions – Personality Disorder. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason Separation would be inappropriate. Relief denied.

The following is provided for the edification of the Applicant. 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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.

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 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 15560A), Change 13, effective
12 Oct 90 until 21 Dec 90, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT


B. Naval Military Personnel Manual, (NAVPERS 15560-A), Change 13, effective
12 Oct 90 until 21 Dec 90, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - 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 “ 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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