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NAVY | DRB | 2003_Navy | ND03-01350
Original file (ND03-01350.rtf) Auto-classification: Denied


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

ex-DC3, USN
Docket No. ND03-01350

Applicant’s Request
The application for discharge review was received on 20030808. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to medical reason. 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 20040608. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNCHARACTERIZED/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “Discharge upgrade based on mental disability.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Statement in support of claim from Applicant, dated July 29, 2003
Applicant’s DD Form 214 (current enlistment)
Report of Separation and Record of Service, effective date of January 15, 1996
Applicant’s DD Form 214 (two prior enlistments)
List of appointments from January 5, 2003 to August 26, 2003
Progress Notes, dated July 28, 2003
Progress Notes, dated July 3, 2003
Progress Notes, dated January 9, 2003
Confidential AD HOC Summary, dated March 28, 2003 (8 pages)
Letter from Department of Veterans Affairs, dated July 10, 2003
Progress Notes, dated January 9, 2003
Progress Notes, dated July 3, 2003
Medical record pages from July 6, 1998 to July 30, 1998 (7 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     840330 - 840808  COG
         Active: USN                        840809 - 880317  HON
                  USN                       880318 - 941117   HON
                  USANG            950726 - 960116  HON
         Inactive: USNR (DEP)     991007 - 991013  COG
         Active: USN                        000000 - 000000  HON

 Period of Service Under Review :
Date of Enlistment: 991014               Date of Discharge: 000414

 Length of Service (years, months, days):

         Active: 00 04 01
         Inactive: None

 Age at Entry: 35                          Years Contracted: 4

 Education Level: 12                        AFQT: 38

 Highest Rate: DC2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA*        Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*No marks assigned.

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

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



 Chronological Listing of Significant Service Events :

000310:  Applicant diagnosed with: Axis I: Major depressive disorder, single episode, severe, without psychotic features, Partner relational problem, Occupational problem, Alcohol dependence by history, Amphetamine abuse by history, Cocaine abuse by history. Axis II: Paranoid personality disorder. Axis III: No diagnosis. Axis IV: Problems related to primary support group; legal problems. Axis V (admission): 41-50 Serious symptoms or difficulty functioning. (current): 51-60 Moderate symptoms or difficulty in functioning. (highest): 51-60 Moderate symptoms or difficulty in functioning. 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. Applicant was considered self-destructive and a continuing risk of harm to self or others.

000317:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 000204 to 1230, 000303 (29 days/surrendered).
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 30 days, reduction to DC3. No indication of appeal in the record.
000405:  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 of such severity as to render the Applicant incapable of serving adequately in the naval service.
000405:  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.
000411:  Commanding Officer directed discharge with an uncharacterized 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 20000414 with an uncharacterized 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. By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Uncharacterized" unless there were unusual circumstances regarding performance or conduct, which would merit an "honorable" characterization. . The applicant’s service was marred by the award of non judicial punishment (NJP) on 1 occasion for violations of the Uniform Code of Military Justice (UCMJ). The applicant’s misconduct included unauthorized absence for 29 days. Relief denied.

The summary of service clearly documents that personality disorder, was the reason the applicant was discharged. No other Narrative Reason for Separation more clearly describes why the applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief based on this issue is not warranted.

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 or any other evidence relating to his discharge 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 24, effective
20 May 99 until 26 March 2000, 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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