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NAVY | DRB | 2004_Navy | ND04-00428
Original file (ND04-00428.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND04-00428

Applicant’s Request
The application for discharge review was received on 20040121. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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 20040922. 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. “I, F_ M_ D_ ( Applicant ) (social security number deleted), DOB- 19831117, do hereby request the change of my reentry code from RE-4 to a reasonable reentry code that would allow reinstatement into active duty Navy.

Joining the Navy was the best decision I made in my life. Although Naval Hospital Corpsmen School was not what I had imagined, I disenrolled myself and transferred to TPU (Transient Personnel Unit) Great Lakes, IL to go undesignated into the fleet. During this time, I got married and was having emotional stress due to my spouse threatening to leave. I then packed up my items from TPU and went AWOL to “save my marriage” and stop my spouse from leaving. Needless to say, it didn’t work and I returned on 20021111. Upon returning I was recommended for a psychological evaluation by one of TPU’s Lieutenants and attended Captain’s Mast serving restriction time and a cut in pay. While serving my restriction time I received orders and a date of separation. The doctor who performed the psychological evaluation diagnosed me with Anxiety Disorder, Adjustment Disorder with Depressed Mood (severe), RIO Bipolar Disorder, and Obsessive-Compulsive Disorder, along with say that I have work and relationship stress.
 I have since separation in 20021209, gotten an annulment from my spouse and completed a Comprehensive Mental Health Assessment to verify my sanity.
I, in no way believe that I have a Personality Disorder (as stated on my DD 214 Form), and think that my timing with everything was off. I deeply regret being separated and wish I could of continued on with my Navy career.

F_ M_ D_ ( Applicant )”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Comprehensive Mental Health Assessment, dated October 8, 2003 (8 pages)
Discharge summary, dated October 29, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     010926 - 020630  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 020701               Date of Discharge: 021209

 Length of Service (years, months, days):

         Active: 00 05 09
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 43

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA*        Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 18

*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 :

021114:  Applicant diagnosed with anxiety disorder, NOS, EPTE, adjustment disorder with depressed mood, severe, DNEPTE, obsessive compulsive personality disorder, EPTE. 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.

021118:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 021024 to 021113.
         Award: Restriction and extra duty for 30 days. No indication of appeal in the record.
021119:  Applicant notified of intended recommendation for discharge with a entry level separation 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. [Date extracted from Commanding Officer’s letter dated 021121.]
UNDATED:         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.
021121:  Commanding Officer directed separation 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 20021209 with an uncharacterized discharge 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 documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The Applicant was diagnosed with a personality disorder by a competent medical authority on 20021114. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.

By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Uncharacterized" or entry-level separation unless there were unusual circumstances regarding performance or conduct, which would merit an "honorable" characterization. Applicant's service record did not contain any unusual circumstances during her less than six months in the military to warrant a change of discharge to "honorable." The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Reenlistment policy of the naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 2002 until Present, 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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