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NAVY | DRB | 2005_Navy | ND0500120
Original file (ND0500120.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND05-00120

Applicant’s Request
The application for discharge review was received on 20041020. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 20050118. 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 (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 believe my discharge to be inequitable because I was never tested for any psychiatric disorder, and my discharge was based on what I told the psychologist, half of which wasn’t true.”
2. “ Dear Members of the Board

My name is M_ L_ D_ ( Applicant ). I am attaching this letter to my packet in order to explain the events leading to my diagnosis and subsequent discharge.

I enlisted in the Navy on 11APR2002. I was appointed Medical Yeoman in Boot Camp, served on the Honor Guard, and graduated without incident. I completed Fireman Common Core and was in my third part of HT “A” School when circumstances from home distracted me. Believing that I could not satisfactorily complete my training, I spoke with the Chaplain. After two sessions with the Chaplain, I had come no closer to a resolution.

After unsuccessful attempts to resolve the situation while enlisted, I became rather upset and had troubles concentrating on my training. I was given a diagnosis of being bipolar, and refused to be medicated because I did not believe it was true. Because I knew that I still wanted to be in the military, I sought a discharge that would allow me to reenlist. I decided on a Psychological Discharge and since have been tested and was told I am in fact, not bi-polar.

I realize that the discharge was my fault, and was facilitated by my own dishonesty (I.e. I have never had a prior diagnosis, nor have I ever done drugs). At the time it was my belief that I was doing what was necessary. But, I realize now, that my actions were irresponsible, and immature. I understand that I must take responsibility for my actions, and have been doing do since my discharge.

If you could be so kind to take into consideration my re-enlistment, it would be much appreciated.

Thank you for your time:

M_ L_ D_ ( Applicant )”



Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Six pages from Applicant’s medical record
Psychological Evaluation, date of interview 040316 (3 pages)
CoA frm WAARNG dtd 010728
Discharge Certificate from ANG
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: MNARNG                  011106 - 020410  HON     
         Active: ARNG              010920 - 011106  UNC

 Period of Service Under Review :
Date of Enlistment: 020411               Date of Discharge: 020925

 Length of Service (years, months, days):

         Active: 00 05 15
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 94

 Highest Rate: FR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

*No marks found in service record

 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 :

020819:  Medical Evaluation: Member is diagnosed with the following disorder that is sufficiently sever to impair significantly the member’s ability to function effectively in the military environment:
                   AXIS I: Bipolar I Disorder
                  AXIS II: Personality Disorder, NOS
 Member is recommend for an administrative separation. Member considered risk for deterioration in functioning and/or a continuing danger to himself and others.         

020826:  Applicant notified of intended recommendation for discharge 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 as evidenced by your psychological evaluation of 020819. The Applicant was notified that the least favorable characterization of service possible was General (Under Honorable Conditions).
020826:  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.
020829:  Commanding Officer directed uncharacterized (entry level separation) discharge 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 awarded an uncharacterized (entry level separation) discharge on 20020925 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).

Issues 1-2. 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 20020819. 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 his less than six months in the military to warrant a change of discharge to "honorable." 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(s)

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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