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NAVY | DRB | 2005_Navy | ND0500074
Original file (ND0500074.rtf) Auto-classification: Denied


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

ex-HA, USN
Docket No. ND05-00074

Applicant’s Request
The application for discharge review was received on 20041018. The Applicant requests the reason for the discharge be changed to something acceptable. The Applicant requests a personal appearance hearing before the board in the Washington, D.C. Metropolitan area. 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. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary 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 reason for discharge shall not change. The discharge shall remain: UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/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 respectfully request a change of narrative reason for separation, although I do not know to request it to be changed to, my request is that it be changed to something acceptable. I request this action so that I am able to re-enlist to active duty in the United States Navy. My justification for this action is that I do not and did not have a personality disorder. To prove this fact, I was advised by my recruiter to go and see a psychologist to be medically certain. The psychologist administered different test as well as a psychological evaluation. Which therein is the proof. Thank you for taking this matter seriously. For this is my dream; to be a United States Sailor. Thank you Sirs and/or Ma'am.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Psychological Evaluation, dated 30 Apr 2004 and 28 May 2004 (5 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)              011219 - 020416  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 020417                        Date of Discharge: 021107

 Length of Service (years, months, days):

         Active: 00 06 21
         Inactive: None

 Age at Entry: 17 (Parental Consent)     Years Contracted: 4 (12 months extension)

 Education Level: 12                                 AFQT: 65

 Highest Rate: HA

 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: None

*No marks assigned

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

UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

 Chronological Listing of Significant Service Events :

020927:  Naval Hospital Great Lakes: Applicant diagnosed Axis I: adjustment disorder with depressed mood; Axis II: personality disorder, not otherwise specified with schizoid and borderline traits. The psychiatrist recommended separation based on a personality disorder of such severity as to preclude further active duty service. Applicant was considered to possess an increased risk of harm to self or others.

021004:  Applicant notified of intended recommendation for discharge by reason of convenience of the government - personality disorder and by reason of convenience of the government - physical or mental conditions. 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 obtain copies of the documents used to support the basis for the separation.
021004:  Commanding Officer recommended discharge with an entry level separation by reason of convenience of the government - personality disorder and by reason of convenience of the government - physical or mental conditions.

021004:  Commanding Officer, Naval Hospital Corps School directed the Applicant's discharge with an entry level separation by reason of convenience of the government on the basis of a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20021107 with an 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. (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: Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question. No such impropriety or inequity is evident during the Applicant’s enlistment. 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 qualified medical officer, as possessing a long-standing disorder of character and behavior of such severity as to interfere with serving adequately in the Navy. He was considered a continuing risk to do harm to himself or others. The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a Personality Disorder. The Reason for Discharge reflects the Applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Thus, the Board finds that “Personality Disorder” is an accurate narrative description of the reason for the Applicant's discharge. The contention that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to revise official records that were accurate at the time of issuance. Relief denied.

Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. 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.

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), 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.

B. 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.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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


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