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NAVY | DRB | 2004_Navy | ND04-00988
Original file (ND04-00988.rtf) Auto-classification: Denied


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

ex-OS3, USN
Docket No. ND04-00988

Applicant’s Request
The application for discharge review was received on 20040526. The Applicant requests the reason for the discharge be changed. The Applicant requests a personal appearance discharge review before a traveling panel closest to Atlanta, GA. The Applicant listed the Georgia Department of Veterans Service as the representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington, D.C. area. The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041112. 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 narrative reason of the discharge shall not change. The discharge shall remain: HONORABLE/ 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. Change of reason of separation from a personality disorder.

2. Change of RE-CODE from 4 to 1.

3. Child Care Issues.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Cover letter from Department of Veterans Affairs, dated January 26, 2004
General Progress notes, dated January 26, 2004 (3 pages)
Letter from Applicant, undated
Child care letter, dated January 26, 2004
Four pages from Applicant’s service record
Letter to Applicant from House of Representatives, dated September 3, 2003
Letter from Navy Personnel Command to House of Representatives, dated August 28, 2003 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     001118 - 010702  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010703               Date of Discharge: 030811

 Length of Service (years, months, days):

         Active: 02 01 09
         Inactive: None

 Age at Entry: 28                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 41

 Highest Rate: OS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (1)    Behavior: 3.00 (1)                OTA: 3.17

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

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

HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-12.2 (formerly 3620225).

 Chronological Listing of Significant Service Events :

030717:  Applicant diagnosed with a personality disorder not otherwise specified with borderline and antisocial traits manifested by chronic depressed mood, suicidal ideation, and inability to adapt to military environment. 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.

030722:  Applicant notified of intended recommendation for discharge with a least favorable characterization of 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.
030722:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27b, elected the right to obtain copies of the documents used to support the basis for the separation, to submit a statement, and to have GCMCA Review.
030725:  Commanding Officer directed Applicant’s discharge with an honorable 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. Commanding Officer’s comments (verbatim): “Operations Specialist Third Class Petty Officer H_ (Applicant) consented to a psychiatric evaluation, and was diagnosed with a personality disorder of such severity as to render the member incapable of serving adequately in the U.S. Navy. Although not currently suicidal or homicidal, she is considered to be self-destructive and is a continuing danger to self or others. Per this diagnosis, I separated her with a discharge characterization warranted by her service record.”

030806:  Applicant diagnosed with AXIS I: Occupational problem; partner relational problem by history; ETOH abuse by history. AXIS II: Personality disorder with antisocial and borderline traits. The psychiatrist recommended expeditious separation based on a personality disorder, the decision should ultimately depend on the needs of the Navy, the member’s current and future physical/mental well being and her overall benefit to the command. 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 her actions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030811 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 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 Applicant was diagnosed with a personality disorder by competent medical authority on 20030717. The summary of service clearly documents that personality disorder, was the reason the applicant was discharged. The Applicant submission of a new psychological evaluation dated January 26, 2004 does not mitigate the proper diagnosis of a personality disorder during her enlistment. 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: T he 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.

Issue 3: The Applicant did not provide enough information concerning her child care issues for the Board to review and make a determination whether to grant relief. Relief denied.
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 her 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), 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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