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NAVY | DRB | 2005_Navy | ND0500522
Original file (ND0500522.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND05-00522

Applicant’s Request
The application for discharge review was received on 20050208. The Applicant requests the characterization of service received at the time of discharge 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 20050519. 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: ENTRY LEVEL SEPARATION/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “Any prospective employers requesting my DD –214 may get an inaccurate opinion, as to my work ethics or character. I would like “personality disorder” to be removed from my record.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
No additional documentation submitted.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     910906 - 920419  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 920420               Date of Discharge: 920504

 Length of Service (years, months, days):

         Active: 00 00 15
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

Education Level: 14                        AFQT: 74

 Highest Rate: AR

 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):

ENTRY LEVEL SEPARATION /Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

920420:  Applicant reported for initial tour of active duty.

920421:  Retention Warning: Advised of deficiency (Fraudulent entry into naval service as evidenced by your failure to disclose your preservice civil involvement), advised of consequences of further deficiencies, and issued discharge warning.

920426:  Recruit Performance Remark: Applicant caught making a U/A phone call and was counseled on use of phone privileges. Applicant stated that he doesn’t want to train anymore and he feels he is “Losing his Marbles.” Recommend psychiatric evaluation. This is per request of the Applicant.

920426:  Recruit Performance Remark: R&O Division Mast states that Applicant is in mast for having problems adjusting to military training and feels that he doesn’t belong here anymore. Counseled Applicant

920427:  REU/MHU Medical Clinic NTC, San Diego, CA.: MSE: Diagnosis: (I) No major mental illness present, alcohol abuse, by history, (II) Personality disorder with immature features, (III) No known physical disorder.
 Recommend/opinion: Patient is not considered mentally ill, but manifests a longstanding disorder of character and behavior, which is of such severity as to render the individual incapable of serving adequately in the Navy. The member does not presently require, and will not benefit from (further) hospitalization or psychiatric treatment. Although the member is not presently considered suicidal or homicidal he is judged to represent a continuing risk to self or others if retained in the naval service. The member is deemed fit for return to duty for immediate processing for administrative separation, which should be initiated expeditiously by his command in compliance with MILPERSCOMINST 1910.1D and OPNAV 13.87/2B. Applicant may return per the “No Harm” contract.

920427:  Recruit Performance Remark: Applicant stated numerous times he doesn’t like the Navy and wants out.

920428:  Applicant notified of intended recommendation for an administrative separation from the Naval service by reason of convenience of the government due to personality disorder as evidenced by your lack of motivation and improper behavior, with the least favorable characterization of service possible is entry level separation.
920428:  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. Applicant did not object to this separation.


920429:  Commanding Officer, Recruit Training Command San Diego, CA., authorized the Applicant’s discharge with an entry level separation (uncharacterized) by reason of convenience of the government on the basis of a personality disorder in accordance with NAVMILPERSMAN, Article 3620200. Commanding Officer’s comments: Subject member was referred for medical evaluation due to exhibiting abnormal behavior during recruit training. After appropriate counseling and warning he continued with unsatisfactory behavior in a military environment. Subject member has been diagnosed as suffering from a personality disorder, which renders him incapable of providing useful military service. The evaluating Medical Officer strongly recommended administrative separation due to lack of motivation and improper behavior. Discharge member from the Naval service with an entry level separation of RE-4 NITRAS/NRAM SAC-GFH, SPD Code of JFX. He is not recommended for reenlistment.

920504:  DD Form 214: Applicant discharged.



PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW


Discussion

The Applicant was discharged on 19920504 with an entry level separation (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 and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

Issue 1: 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 does not deny that he was suffering from a personality disorder at the time of his discharge from naval service. He 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 and/or others, which requires administrative processing for personality disorder. 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.
The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety, after a review of Applicant’s case. There is no law or regulation, which provides that an unfavorable discharge may be upgraded, based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided documentation for the Board to consider.

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 documentation to support any claims of post-service accomplishments or any other evidence related to his 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), effective 15 Aug 1991 until 04 Mar 1993, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 04 Mar 1993, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - BASIS OF PERSONALITY DISORDER.

 C. 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.

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

 E. 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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