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NAVY | DRB | 2003_Navy | ND03-01443
Original file (ND03-01443.rtf) Auto-classification: Denied


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

ex-AA, USNR
Docket No. ND03-01443

Applicant’s Request
The application for discharge review was received on 20030905. The Applicant requests the reason for the discharge be changed to “HARDSHIP.” 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 20040628. 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 reason for discharge shall not change. The discharge shall remain: HONORABLE/ PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620225.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

 1. “I would like to have my separation code upgraded. I have been trying to re-enter the military for a couple of years now. I have been going through a waiver process for almost a year. My DD-214 says my reason for discharge is for a personality disorder. I expressed to the chaplain one day aboard the U.S.S, Nimitz (CVN 68) that I was having a motivational problem and having symptoms of depression. The chaplain had me evaluated by the Naval hospital in Bremerton, WA. The doctors there asked a bunch of stupid questions, but basicly I was just unhappy with the job I was doing for the U.S. Navy. I was stuck doing this job for the next year and a half or was I? The doctors asked me what would solve my problem and I responded getting out of the U.S. Navy. Be careful what you ask for I got out alright, but not before they tagged me with a personality disorder. At the time, I was discharged I did not know the impact this would have on me trying to re-enter-the military on a later date. All I knew, was that the U.S. Navy needed a reason for letting-me go. Getting out of the U.S. Navy was not the answer to my problems, but you live and you learn. I paid close to $400.00 to have a psychiatrist test me to prove I don't have a personality disorder. The test results were normal. I have given all this information to my national guard recruiter, Sgt. W_ G_ in Jackson, TN. Everything was going good with the waiver process except that I don’t have any paperwork on a separation physical from the U.S. Navy. I am trying to retrieve this now, but this could all be resolved with an upgraded separation code.

2. In August 2003, I requested that my re-entry code-be upgraded due to hardship. However, I believe I did not clearly explain why. There were many hardships I was facing at the time which resulted in my discharge. To start with, I was doing a job I did not like I wanted-to be an ‘AE’, but the job coordinator at Memphis MEPS said there were-no openings. He said the next best thing would be the airman apprenticeship program--active enlistment for three years, $25,000 for-college, and the ability to experience all the airman jobs and choose the right one for me. For some reason, the jobs coordinator failed to mention -that when I choose a specific airman job I would have to re-enlist for more years of-service. So now here I was, unrated and doing a job with no equivalent in the civilian world. I told myself that it was only three years and that I could deal with it.
I am an over-achiever, I was promoted to E-2 in bootcamp serving as the educational petty officer for my division (471). The navy instills pride in its soldiers, so you can imagine how disheartened I was when the navy decided to promote me to E-2-again three months before I was supposed to be promoted to E-3. I told-my supervisors and I was sent to talk with those who could correct the mistake. I-was told it would-be corrected. After my continuous attempts and several months later; the mistake was still not corrected. During this time, my dads health was taking a turn for the worse. My dad has a heart disease and my stepmother was just diagnosed with a gland disease. All of this was becoming too much for me to deal with. So at the time; I thought getting out of the navy was the best thing. ”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Confidential Report of Psychological Evaluation, dated December 11, 2001 (8 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 950816               Date of Discharge: 961211

 Length of Service (years, months, days):

         Active: 01 02 28
         Inactive: 00 00 27

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 79

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 3.00 (1)                OTA: 2.50

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC, NDSM, AFEM

 Days of Unauthorized Absence: None

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

HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620225.

 Chronological Listing of Significant Service Events :

940914:  Applicant ordered to active duty for 36 months.

 961119:  Medical Entry: Applicant diagnosed with a personality disorder with passive-aggressive and compulsive traits. 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.

961126:  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 as evidenced by your psychiatric evaluation.
961126:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
961202:  Commanding Officer directed type warranted by service discharge 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 19961211 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 available 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 summary of service clearly documents that a medically diagnosed 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.

Issue 2. 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, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 14, effective
03 Oct 1996 until 11 Dec 97, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER.

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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