Search Decisions

Decision Text

NAVY | DRB | 2004_Navy | ND04-01434
Original file (ND04-01434.rtf) Auto-classification: Denied


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

ex-FN, USN
Docket No. ND04-01434

Applicant’s Request
The application for discharge review was received on 20040914. The Applicant requests the narrative reason for separation be changed to “uncharacterized”. 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 20050727. 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 for 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. “I have been evaluated by a physcirates on July 23, 2002 to be a law enforcement officer. I passed with no emotional problems. It was found that I have no mental or emotional disorder that would prohibit me from doing this type of work. I graduated from the Arkansas Law Enforcement Academy September 26 2003. I have had the narrative reason for separation (personality disorder) held against me even though I have passed the “Minnesota Multiphasic Personality Inventory-2 and a clinical interview” since the time I was discharged in Aug. of 99. I feel that my educational achievements, medical reports attached herein are proof of exemplary post service.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
State of Arkansas, Basic Certificate as a Certified Law Enforcement Officer, dated February 2, 2004
Letter from Western Arkansas, Counseling and Guidance center, dated July 23, 2002
Confirmation of psychological evaluation, dated July 22, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     961220 - 970521  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 970522               Date of Discharge: 990820

 Length of Service (years, months, days):

         Active: 02 02 29
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 37

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                  Behavior: NA              OTA: NA

 Military Decorations: None

 Unit/Campaign/Service Awards: NER (2)

 Days of Unauthorized Absence: None

*Not available

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

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

 Chronological Listing of Significant Service Events :

990803:  Applicant diagnosed Axis I: Major depressive disorder, recurrent, resolving, Alcohol dependence, in early full remission, Axis II: Dependent personality disorder. The psychiatrist recommended separation based on a personality disorder of such severity that it has and will continue to interfere significantly with his ability to perform effectively in the military environment. More importantly, the Applicant’s personality disorder is such that this individual will constitute an ongoing risk of suicide. Expeditious administrative processing is therefore urged.

990806:  Applicant notified of intended recommendation for discharge by reason of convenience of the government on the basis of a diagnosed personality disorder. Applicant was notified that the least favorable characterization of service possible is general (under honorable conditions).
990806:  Applicant advised of rights and having elected not to consult with qualified counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
990809:  Commander Submarine Squadron 11 directed the Applicant's discharge with an honorable characterization by reason of convenience of the government on the basis of a personality disorder.

990827:  Commander Submarine Squadron 11 notified the Chief of Naval personnel that the Applicant was discharged with an honorable characterization by reason of convenience of the government on the basis of a personality disorder.

 The Service Record contained a complete Administrative Discharge Package
The Service Record was missing elements of the Summary of Service

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990820 by reason of convenience of the government on the basis of a diagnosed personality disorder with an honorable characterization of 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 Board presumed regularity in the conduct of governmental affairs (D).

The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The Applicant was diagnosed, by a qualified medical officer, as possessing a long-standing disorder of character and behavior of such severity as to interfere with serving adequately in the military environment. He was considered an ongoing risk to do harm to himself. The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a Personality Disorder. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason Separation would be inappropriate.

In support of his request, the Applicant submitted a psychological evaluation and basic certificate as a certified law enforcement officer. Although the Board commends the Applicant on his post-service achievements, the documentation provided by the Applicant was not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder at the time of his discharge. The Applicant was diagnosed with a personality disorder by a competent medical authority on 19990803. The evidence submitted by the Applicant did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.

There is no requirement or law that grants a narrative reason change solely on the issue of obtaining enhancing employment opportunities and this issue does not serve to provide a foundation upon which the Board can grant relief. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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. 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 5420.174D 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 | 2002_Navy | ND02-00493

    Original file (ND02-00493.rtf) Auto-classification: Denied

    Block 28 on DD 214 reflects separation due to "Personality Disorder." I don't or never have had a personality disorder. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered: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) 970331 - 970822 ELS USNR (DEP) 990521 - 990607 COG Period of Service Under Review...

  • NAVY | DRB | 2000_Navy | ND00-00437

    Original file (ND00-00437.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION (EQUITY ISSUE) This former member further requests that the Board include provision of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application. No relief will be granted based on this issue.

  • NAVY | DRB | 2004_Navy | ND04-01403

    Original file (ND04-01403.rtf) Auto-classification: Denied

    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. “I, R_ L. M_ (Applicant), respectfully request that the narrative reason for separation, (Block 28) be changed from personality disorder, to a more appropriate term. PART IV - INFORMATION FOR THE APPLICANT If you believe that the decision in your case is unclear, not responsive...

  • NAVY | DRB | 2006_Navy | ND0600035

    Original file (ND0600035.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “UNFIT TO MILITARY LIFE.” The Applicant requests a documentary record discharge review. Although the member is not presently considered suicidal or homicidal, she is judged to represent a continuing danger to self or others if retained in the naval service. The summary of service clearly documents that a diagnosed...

  • 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 | 2004_Navy | ND04-00151

    Original file (ND04-00151.rtf) Auto-classification: Denied

    Additional issues submitted by Applicant’s counsel/representative (American Legion): _______________________________________________________________________ In accordance with 32 C.F.R., section 724.166, and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to the Applicant’s petition.Review of the service record reflects that this former member maintained...

  • NAVY | DRB | 2003_Navy | ND03-01161

    Original file (ND03-01161.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. I informed my doctor of this and he medically had those orders reversed and discharged me from the Navy with a “General Under Honorable Conditions” discharge. Applicant was considered self-destructive and a continuing risk of harm to self.990726: Commanding Officer directed discharge with a general (under honorable conditions) by reason of convenience of the government on the...

  • NAVY | DRB | 2000_Navy | ND00-00330

    Original file (ND00-00330.rtf) Auto-classification: Denied

    Issues Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 981210 uncharacterized (entry level separation) 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. PART IV - INFORMATION FOR THE...

  • NAVY | DRB | 2003_Navy | ND03-00323

    Original file (ND03-00323.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Additional issues submitted by Applicant’s counsel/representative (American Legion): 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...

  • NAVY | DRB | 1999_Navy | ND99-01156

    Original file (ND99-01156.rtf) Auto-classification: Denied

    No indication of appeal in the record.980209: Mental Health Dept, Naval Ambulatory Care Center, Groton, CT: CHIEF COMPLAINT: Pt reported to his command in January 198 that he was having suicidal thoughts and he was transferred TAD to Group 2 for further assessment. Recommendation made at that time that he continue aboard the USS OKLAHOMA CITY and further recommended that pt seek further mental health eval should his anxiety continue after the boat transferred to Norfolk. Additionally,...