Search Decisions

Decision Text

NAVY | DRB | 2004_Navy | ND04-01034
Original file (ND04-01034.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND04-01034

Applicant’s Request
The application for discharge review was received on 20040616. 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 20050304. 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 am writing to respectfully request that you look over my discharge paperwork. I believe that I have been unfairly discharged.
I was serving on the John C. Stennis CVN 74 from Jan 2003 to March 2003. While out to sea, I was having a particularly stressful day. BM1 G_ asked me to go and see the ships onboard psychologist. I went and we discussed how the current day was going. He then proceeded to look through my medical charts and noted that I had been in a state hospital prior to my enlistment. He stated that MEPS should have noticed that and that this was ground for dismissal. My bad day just got worse.
The only reason that I had ever been in a State hospital was because I was in the custody of social services. They did not have a foster home, or bed placement for me anywhere, so they put me in there. I don’t feel that this should be held against me, as I did nothing wrong and was at the mercy of the state. I was completely honest with the recruiter when he asked me about this. I had called the recruiting office in Asheville, NC and was told that I could not enter the military because of this. I was encouraged to try again, so I contacted the Camden, SC recruiting office where I was living at the time. The recruiter there asked me about the story behind this state hospitalization. I proceeded to explain to him about DSS and the lack of bed space etc.; He stated that that would not be held against me.
Since I have been discharged from the military, I have become homeless. My goal is to have my military discharge upgraded, and I would love to be eligible to serve my country again. I will undergo whatever testing you would like me to complete. Please sir or ma’am, I respectfully request that you rule in my favor.

Should you need any further information, please feel free to contact me.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4)
Letter from C_ W_, dated February 3, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     020719 - 021008  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 021009               Date of Discharge: 030321

 Length of Service (years, months, days):

         Active: 00 05 13
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 55

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 No observed evaluations
Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

 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 :

030316:  Ship’s Psychologist, USS JOHN C. STENNIS (CVN-74). Applicant diagnosed with a borderline personality disorder, EPTE (301.83). The psychologist recommended an expeditious 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.

030321:  DD Form 214: Applicant discharged with an entry level separation due to convenience of the government based upon a personality disorder.

No discharge package

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030321 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). 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 (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1. The Applicant was diagnosed to possess a personality disorder by a competent medical authority on 20030315 and 20030316. The Applicant was considered unsuitable for naval service and the psychologist recommended an expeditious administrative separation. By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization. The Applicant’s service record did not contain any unusual circumstances during his less than six months in the military to warrant a change of discharge. With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization. Relief denied.

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. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety is evident during the Applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, hardship, or good conduct in civilian life, subsequent to leaving the service. Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his discharge. 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .
D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.


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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023


Similar Decisions

  • NAVY | DRB | 2005_Navy | ND0500596

    Original file (ND0500596.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. I did not find this out until finally trying to use my benefits for school Bill, the Board advises t he Applicant that the Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board.

  • NAVY | DRB | 2001_Navy | ND01-00340

    Original file (ND01-00340.rtf) Auto-classification: Denied

    I went back home and thought about it and told myself, maybe there was something else I could do in life The job I chose in the Navy was an Airman Recruit. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of father's death certificate Copy of applicant's DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 971023 -...

  • NAVY | DRB | 2005_Navy | ND0500120

    Original file (ND0500120.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Believing that I could not satisfactorily complete my training, I spoke with the Chaplain. 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...

  • NAVY | DRB | 2005_Navy | ND0500074

    Original file (ND0500074.rtf) Auto-classification: Denied

    In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. Applicant notified that if separation is approved, the least favorable characterization of service possible is general (under honorable conditions).021004: Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to...

  • NAVY | DRB | 2002_Navy | ND02-01092

    Original file (ND02-01092.rtf) Auto-classification: Denied

    ND02-01092 Applicant’s Request The application for discharge review, received 020731, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed to [left blank]. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 011130 with an uncharacterized for convenience of the government discharge on the basis of a diagnosed personality disorder of...

  • NAVY | DRB | 2002_Navy | ND02-00824

    Original file (ND02-00824.rtf) Auto-classification: Denied

    ND02-00824 Applicant’s Request The application for discharge review, received 020520, requested that the characterization of service on the discharge be changed to honorable. Relief is therefore denied and, as the Applicant's Commanding Officer did in fact order an uncharacterized discharge to be issued, the Board will direct the character of discharge on the Applicant's DD Form 214 to be corrected from general (under honorable conditions) to uncharacterized. The Applicant is advised that...

  • NAVY | DRB | 2004_Navy | ND04-00428

    Original file (ND04-00428.rtf) Auto-classification: Denied

    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 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.

  • NAVY | DRB | 2006_Navy | ND0600203

    Original file (ND0600203.rtf) Auto-classification: Denied

    ND06-00203 Applicant’s Request The application for discharge review was received on 20051116. This was known throughout my department and that was the reason DTI P_ advised me to report to the off base hospital instead of our ship that night. Denied knowledge of (family psychiatric) history.

  • NAVY | DRB | 2003_Navy | ND03-00651

    Original file (ND03-00651.rtf) Auto-classification: Denied

    ND03-00651 Applicant’s Request The application for discharge review was received on 20030304. My pre-service civilian conviction, properly listed on my enlistment documents, was also used in the discharge proceedings.I am requesting reinstatement and an upgrade of my discharge for the following reasons:• Misdiagnosed as having a personality disorder. DSM IV Diagnosis: Axis I: 296.24, Major Depressive Disorder, Single Episode, Severe with Psychotic Features, EPTE Axis II: 301.6, Dependent...

  • NAVY | DRB | 2002_Navy | ND02-01049

    Original file (ND02-01049.rtf) Auto-classification: Denied

    ND02-01049 Applicant’s Request The application for discharge review, received 020722, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized and the reason for the discharge be changed to hardship. I would like my Narrative reason for separation and my Separation code upgraded so that I may serve my country again. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the...